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Tennessee Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Can police show up at your house and say because your on comm correc. That you have no rights and they search home
Anthony M. Avery
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Anthony M. Avery
answered on Jun 21, 2022

Yes...You are on Probation so you have to abide by the Probation terms. Any violation can mean you could be incarcerated for the remainder of the Sentence. There should be some kind of Probation Order in your file at Court. Read it.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Do police have to log anything taken from my house after searching it.

After they left I had 3500.00 in a lock box they priced open and the money was gone and I didn't sign anything saying they took anything

Anthony M. Avery
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Anthony M. Avery
answered on Jun 10, 2022

There should be an inventory in the Return on the Search Warrant. It is very possible there will be a Forfeiture Warrant issued against any proceeds from illegal activities.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My daughter's mom burned her social security card in a fire on purpose. Is that a federal offense? My daughter is 19

She admitted to it in child support court and the judge said it was a federal offense..

Cayley Turrin
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Cayley Turrin
answered on May 10, 2022

I would consult with a federal attorney.

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I'm in TN if I'm at a hotel an a police officer knocks on door an I open it can he just walk into my room without warran
Anthony M. Avery
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Anthony M. Avery
answered on May 9, 2022

He can if you allow him in. My recommendation is to ask what he wants, and then not say anything except you cannot come in without a Search Warrant. If he has an Arrest Warrant or Capias for you, then he will arrest you.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: What is the statute of limitations for a civil rights lawsuit when the a cause of action is fraud by the court?
Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: I'm fill out the civil division info. Sheet. I'm on the type of case section. The non jury, 6 person, or 12

And what to put in the lawyer section if I'm defending myself

Anthony M. Avery
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Anthony M. Avery
answered on Apr 3, 2022

That would be "Pro Se". But most of the time you should not represent yourself. I recommend calling around for competent attorneys who might be creative in getting compensated. You might call around in other Counties in your District and ask for possible referrals.

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: If a domestic assault case the state picked up postpones a trial 3 times, will it be thrown out?

The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential

Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens when the police doesn't return the warrant to the court and the State still uses the document to prosecute?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 16, 2021

Apparently it did finally show up in Court for the Judge to peruse. Search Warrants do have to be returned with the execution annotated thereon, but Arrest Warrants can be used in a variety of ways. It can easily be dismissed, yet you can still get Indicted at Criminal Court. You may wish to... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was ride through Brentwood tn and a Brentwood police pulled me over in nashville tn. Is there possible?
Cayley Turrin
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Cayley Turrin
answered on Sep 27, 2021

Simple answer yes. It really does depend on the circumstances.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
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Cayley Turrin
answered on Aug 16, 2021

I would call the police and report this.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Transfer to Civil court..??

Pro Se, 2 court dates already, did not plead, no contract signed, talk to DA, told me if I wanted to transfer to "Civil Court" (Jurisdiction..??).. Is discovery motion not allowed on a speeding ticket (radar) in TN...??

Anthony M. Avery
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Anthony M. Avery
answered on Jul 16, 2021

Not sure of your question, but it appears you do not know what you are doing. If a speeding ticket, then it is a criminal case.... Appeal De Novo is to Circuit Criminal Court, but a jury is not an option. Discovery is possible but the Court will not actively force the State to comply. A Bond... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it illegal for a detective to interview a person with a mental disability without a third parfy witness

I was arrested but interview by a detective. Without a third party witness or lawyer i also have a mental disability. Plus im the victim of the crime. How is that possible

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 20, 2021

It is not an illegal interview and happens alot. You were not required to say anything. Sometimes the absence of, or waiver of, Miranda Warnings will suppress any testimonial evidence acquired by the LEO's.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can I possess a handgun in my vehicle at 19 in Tennessee?

I work in a gun store and carry on private land separate from where I reside. I am wanting to know if I can keep a handgun in my vehicle for protection at work and at any time I must go to our farm on the private land during these times under the Castle Law or any other law.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 31, 2020

As a general rule no. If you are military, you might get a HCP. Or you might carry it in the locked trunk unloaded to a firearm instruction class (but I do not advise this). Unfortunately you are two years too young to carry a handgun, so do not do it. A criminal charge will mess you up so... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

I'm? In Tn.

Paul E. Tennison
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Paul E. Tennison
answered on Dec 16, 2020

I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can my apartment complex. Make me take my american flag out of my window and fine me $50 for it hanging.

What about the 2005 display act .

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2020

If you are renting, the the terms of your lease would determine what you can and can't put in a window. The Display Act of which you cite is applicable to homeowners - not renters.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: GTLA-removal of immunity. Where can I find the duty owed to me by city police in order to determine negligence?
Bennett James Wills
Bennett James Wills
answered on Nov 12, 2020

One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 9, 2020

First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... Read more »

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