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Tennessee Constitutional Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Is it legal to arrest a victim for refusing to testify in a dv case?No subpoenas were served before a warrant was issued

Who would I contact near Crossville, Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: My mother and brother bought a house together, my bother died my mom got the house because ot was in her and his name.

Who does the possessions go to. He had no will. He had a daughter and my mother gave her his vehicles . what else is his daughter entitled to.

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

If no surviving spouse, then the daughter issue takes everything that was your brother's. The real property may descend one -half to her if the mother and brother were tenants in common. But it would be very different if it was a LE/REM deed or to the survivor. You will need a lawyer to... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Constitutional Law and Landlord - Tenant for Tennessee on
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.

I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Last Thursday I made a dumb decision and subsequently overdosed in my home the police and ambulance were called.

The police took my cell phone without my or my fiances consent. Were my rights violated and how do i get my property back?

Edit: no charges have not been filed.

Cayley Turrin
Cayley Turrin answered on May 26, 2020

It does sound like the police should not have taken your phone. Were charges filed? If so, that phone may be in evidence. If not, I would contact the police department and ask to get it back.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes I was falsely arrested for a crime I didn't commit.said cause they think my husband did that's why I got arrested

Yes Walmart tried 2say my hubs stole a tote from there store yes a plastic tote which he didnt nd have receipt 2 prove it. Wasnt arrested the day we purchased it. We went back to get computer software which we bought nd as my husband was leaving was stopped by loss prevention nd cops I was in car... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Both of you need competent attorneys now. You need to put on a good Preliminary Hearing, possibly with your Sister as a Witness. Remember the Victim will have Video Tapes.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What is the law for citizens' arrest of an official who has repeatedly violated the Constitution?

Especially if the violation results in extended social isolation. This would discriminate against a person with a disability (in this case mental illness), provoking to harm by suicide, self-mutilation, drug overdose, or violence. What is the law here?

Paul E. Tennison
Paul E. Tennison answered on Apr 24, 2020

The law regarding citizens' arrest is located in Tenn. Code Ann. 40-7-109. Arrest by private person Grounds.

(a) A private person may arrest another:

(1) For a public offense committed in the arresting person's presence;

(2) When the person arrested has...
Read more »

1 Answer | Asked in Constitutional Law for Tennessee on
Q: If guns get confiscated, does the police chief in the area have the final say as to when/if I get them back?
Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

Firearm Confiscation by who? When Firearms are seized for whatever reason (if any), then you usually have to go to Court to either sue or move for the return of your property. This happens frequently, and you take a copy of the Order to the Evidence Room to obtain your weapons. On occasion one... Read more »

1 Answer | Asked in Criminal Law, Child Support, Constitutional Law and Construction Law for Tennessee on
Q: What does violation of conditions of community supervision mean
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 8, 2020

It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... Read more »

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