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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... View More

Anthony M. Avery
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answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... View More

2 Answers | 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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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... View More

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2 Answers | 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??

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.

The forfeiture statute, which changed in 2015, states that the vehicle...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... View More

Henry Ambrose
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answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Sexual Harassment for Tennessee on
Q: In Middle TN. It is illegal to point your home security cameras at a neighbors front door and record them?

My husband and I live in a private camping community in Nunnely, TN. Our neighbor to the left of us keeps pointing his home security cameras at the front of our camper and records us. We have on multiple occasions caught him creeping around spying on us. And also has recently stole from us. The... View More

Bennett James Wills
Bennett James Wills
answered on Aug 9, 2022

Tennessee is a one party recording state. If the cameras are on his property and otherwise in public, then he can pretty much aim them anywhere. You may have a civil claim for invasion of privacy (statutory and common law) depending on needing more facts. Consult local counsel to see what, if any,... View 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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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 for Tennessee on
Q: You can a store accuses me of stealing can they look in my purse's if a cop is not there with us
Courtney Cotter
Courtney Cotter
answered on Jun 13, 2022

Under the shopkeeper's doctrine, the shopkeeper is given a privilege that states that in this situation, a shopkeeper defendant who reasonably believes that the plaintiff has stolen or is attempting to steal something from the defendant shopkeeper may detain the plaintiff in a reasonable... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Minor with citation for trespassing on school grounds. School board is not pressing charges. Police officer is.

Minor (student) entered school premises through an unlocked door during the weekend. The police officer on duty reviewed the footage and charged the student with trespassing. The school suspended the student but did not plan on further action. The police officer is not dropping the citation. Is... View More

Anthony M. Avery
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answered on Sep 12, 2023

Hire a competent attorney to represent him in Juvenile Court. It should not be serious, but defendant needs to be respectful and remorseful. Juvenile Records are sometimes used against you later. Diversion and Dismissal may be advisable.

2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Do you have to open a hotel room door for the police if they are looking for a friend that is not listed as a hotel gues

If my friend Peter has a hotel room in his name only and the police come looking for his friend James who is not listed as a hotel guest does Peter have to open the door for the police?

Cayley Turrin
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Cayley Turrin
answered on Aug 22, 2023

That is a very broad question and would depend on a variety of factors.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Tennessee on
Q: How long can TN hold you with no indictment or conviction on a A class felony offense?

They are innocent being prosecuted in a racist hick town with little evidence and bad sources so any loop holes to avoid my family dying a martyr would be ever so helpful

Anthony M. Avery
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answered on Aug 7, 2023

Indictment for an A Felony usually garners a large Bond. If not made, defendant stays in jail until trial. Defendant needs an attorney to move to reduce Bond. Sometimes special Bond Conditions can be ordered besides just cash.

1 Answer | Asked in Civil Rights and Insurance Defense for Tennessee on
Q: what is the penalty for a courts failure to appoint a guardian adlightum for a minor with infant? /
Anthony M. Avery
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answered on Jul 17, 2023

That is the Court's prerogative. The minor can file a request for a rehearing or even an appeal, but was the motion made? The minor apparently either needs an attorney or represent himself.

2 Answers | Asked in Personal Injury, Traffic Tickets, Civil Rights and Libel & Slander for Tennessee on
Q: If I'm sitting at a RED light & the driver in front of me backs up, hitting me, why am I getting tickets?

The driver's ball hitch hit our front tag, no damage. Driver continued on. We went to the ATM & are surrounded by approx 5 officers pointing guns at our heads. I got 2 tickets, 1 for leaving the scene & tailgating. We were STOPPED. WE WERE HIT. We were at our bank's drive-thru... View More

Anthony M. Avery
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answered on Jun 7, 2023

Since no arrest, only a short stop and detainment, damages are minimal. The Tickets(Citations) must be dismissed by the Court. So you need an attorney to go to Court on the Rule Of The Road Violations, and an attorney that knows GTLA law so a Federal Civil Rights Suit can be brought, or at... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: We are living in a common passage with first position belongs to one person, Second portion belongs to us,

We are living in a common passage with first position belongs to one person, Second portion belongs to us, We have reconstructed our portion and planned to make slope from the first portion end to our portion for our access, beyond our portion there are 4 more portions. Now the first portion... View More

Anthony M. Avery
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answered on May 24, 2023

I have no idea what you are asking about but assume it is an easement. Easements are for all benefitted parties to use, not just for using one part. A chancery declaratory judgment action may be necessary to enforce your rights of ingress/egress. Contact an attorney and search both... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: If a disabled person cannot find new housing within the agreed 60 days, can the landlord immediately evict them?

The landlord initially attempted to increase the rent by $275 but then dropped down to $175. The tenant decided at the end to not renew lease and was given 60 days to vacate the premises. New housing had not been secured within the 60 days and he asked for additional time but was refused. Is this... View More

Anthony M. Avery
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answered on May 24, 2023

Being disabled does not give you special leasing privileges. However written or oral notice to leave does not give possession to owner. A Detainer Warrant being filed, served and granted judgment upon is necessary first.

1 Answer | Asked in Civil Rights and Traffic Tickets for Tennessee on
Q: Can a university charge for parking, including marked handicap spots? Would this not violate ADA, Nashville code?
Anthony M. Avery
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answered on May 24, 2023

Charges for parking occur everywhere in TN, handicapped or not.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Police brutality help
Anthony M. Avery
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answered on May 24, 2023

What is your question?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
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answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Energy, Oil and Gas and Probate for Tennessee on
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.

I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More

Anthony M. Avery
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answered on May 17, 2023

If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Do the police have a right to make a traffic stop on private property

A family member was pulled over on my property. the officer placed him under arrest. I ask the officer to leave my property he refused to leave. Then he threatened to arrest me for tell him to get off my property. And told me to say out of his traffic stop that was on my private property.

Anthony M. Avery
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answered on May 3, 2023

From the facts stated, the LEO conducted his stop properly. You are lucky you were not arrested.

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