Tennessee Constitutional Law Questions & Answers
Q: Is it legal to search someone walking alongside the road having commited any apparent crime
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?
1 Answer
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in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?
2 Answers
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in
Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets
for
Tennessee
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Answered on Apr 3, 2019
Answered on Apr 3, 2019
Q: If E-mail or US mail is sealed or unopened is it protected from search and seizure?
Mr. Kent Thomas Jones Esq.'s answer
No. If there is suspicion leading that there is probable cause that there is something in it than should be, then it can be searched.
No. If there is suspicion leading that there is probable cause that there is something in it than should be, then it can be searched.
Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?
Mr. Kent Thomas Jones Esq.'s answer
If the charge for misdemeanor possession sticks, then a judge could easily order that she report to a rehab facility. The decision would be made on the charge and conviction and not necessarily on her looks. If she has no priors, then it would be in her best interests to obtain a criminal defense attorney to try to get her pre-trial diversion. If she cannot afford an attorney, a public defender or other attorney can be appointed to represent her.
If the charge for misdemeanor possession sticks, then a judge could easily order that she report to a rehab facility. The decision would be made on the charge and conviction and not necessarily on her looks. If she has no priors, then it would be in her best interests to obtain a criminal defense attorney to try to get her pre-trial diversion. If she cannot afford an attorney, a public defender or other attorney can be appointed to represent her.
Q: If an inmate escapes and receives 6 mths added to sentence can the jail also refuse to give good days and reclassify ?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Tennessee
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.
No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.
Q: I called the police on my boyfriend just so i could get my stuff and he threw me out. I did not write a report
Anthony Marvin Avery's answer
He should not plead guilty to Domestic Assault under any circumstances. He needs a competent attorney now. Do not let the DA coerce you into testifying to facts that did not occur. This is a public forum and it is not appropriate to tell you everything.
He should not plead guilty to Domestic Assault under any circumstances. He needs a competent attorney now. Do not let the DA coerce you into testifying to facts that did not occur. This is a public forum and it is not appropriate to tell you everything.
Q: I was assaulted by a police officer on duty was not arrested he busted in my house without warrant and denied me medical
2 Answers
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Tennessee
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think that there is really a way to provide a truly accurate answer based on these facts alone. I believe that you should consult with local counsel who will know more about the situation.
I don't think that there is really a way to provide a truly accurate answer based on these facts alone. I believe that you should consult with local counsel who will know more about the situation.
Q: If you feel your constitutional rights have been violated by US Marshall how to put the complaint to internal affairs.
1 Answer
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in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Jun 25, 2018
Answered on Jun 25, 2018
Gary Kollin's answer
Before you do anything, consult with your lawyer. Remember anything you say (or write) can be used against you
Before you do anything, consult with your lawyer. Remember anything you say (or write) can be used against you
Q: My car was stolen and a police report was filed. Two days later the car was abandoned at a Shell gas station.
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Tennessee
on
Answered on Mar 28, 2018
Answered on Mar 28, 2018
Don Himmelberg's answer
There is probably nothing illegal about the "type of tow."
Now, if the towing company did something like misreport the license plate number so that the police weren't immediately notified that a stolen car had been recovered, you may be able to get out of some of the fees. You probably want to find out if the towing company notified the police about recovering a stolen vehicle.
There could conceivably be some situation where they towed it 33 days ago but didn't report it until a...
There is probably nothing illegal about the "type of tow."
Now, if the towing company did something like misreport the license plate number so that the police weren't immediately notified that a stolen car had been recovered, you may be able to get out of some of the fees. You probably want to find out if the towing company notified the police about recovering a stolen vehicle.
There could conceivably be some situation where they towed it 33 days ago but didn't report it until a...
Q: Can I keep a firearm in my car?
Anthony Marvin Avery's answer
You can possess firearms and ammunition in your motor vehicle provided you are not under any firearm disabilities, that is you can legally have a firearm. You need to be twenty one to possess handguns. Without a carry permit you and the passenger cannot have ready access to the weapon and ammunition. There are no concealment or open carry laws in Tennessee. Keep the weapon locked in the trunk if possible, and never have any ammunition in the weapon or next to it until you are ready...
You can possess firearms and ammunition in your motor vehicle provided you are not under any firearm disabilities, that is you can legally have a firearm. You need to be twenty one to possess handguns. Without a carry permit you and the passenger cannot have ready access to the weapon and ammunition. There are no concealment or open carry laws in Tennessee. Keep the weapon locked in the trunk if possible, and never have any ammunition in the weapon or next to it until you are ready...
Q: How far in advance does a house need to be signed over in TN before the state can take it for nursing home payment?
Marjorie A Bristol's answer
The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!
The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!
Q: How long do you have to move; being served a writ of restitution?
1 Answer
| Asked
in
Constitutional Law and Landlord - Tenant
for
Tennessee
on
Answered on Nov 20, 2017
Answered on Nov 20, 2017
Leonard Robert Grefseng's answer
Any judgment in general sessions court becomes "final" after 10 calendar days from the date the judgment is entered, unless an appeal is properly filed within that 10 day window. Therefor, once a judgment for possession is given, you have 10 calendar days to vacate ( move out of) the premises or the owner is entitled to the writ of restitution on the 11th day.
Any judgment in general sessions court becomes "final" after 10 calendar days from the date the judgment is entered, unless an appeal is properly filed within that 10 day window. Therefor, once a judgment for possession is given, you have 10 calendar days to vacate ( move out of) the premises or the owner is entitled to the writ of restitution on the 11th day.
Q: My 16 year old daughter and boyfriend gets pulled over for window tint? cops searched vehicle!! I have a few questions
1 Answer
| Asked
in
Traffic Tickets, Civil Rights, Constitutional Law and Juvenile Law
for
Tennessee
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
William Head's answer
You daughter's boyfriend needs to speak with Mr. Marcos Garza. He is a criminal law attorney, and can either help, or send you to another attorney. 865-540-8300. If she was arrested, she may need a separate lawyer.
Tell Mr. Garza that William Head referred you.
You daughter's boyfriend needs to speak with Mr. Marcos Garza. He is a criminal law attorney, and can either help, or send you to another attorney. 865-540-8300. If she was arrested, she may need a separate lawyer.
Tell Mr. Garza that William Head referred you.
Q: In 2009 a credit card company issued a judgment against me in my absence.
1 Answer
| Asked
in
Consumer Law, Civil Rights and Constitutional Law
for
Tennessee
on
Answered on Oct 25, 2016
Answered on Oct 25, 2016
Bennett James Wills' answer
Something doesn't sound quite right. But in any event if you were sued, then you should have been served with process (legal papers from the court). If you were not served, then you may have options. But vacating a judgment, especially from 2009, is not an easy task. The creditor may have also violated the FDCPA. You'd be wise to consult with a lawyer.
Something doesn't sound quite right. But in any event if you were sued, then you should have been served with process (legal papers from the court). If you were not served, then you may have options. But vacating a judgment, especially from 2009, is not an easy task. The creditor may have also violated the FDCPA. You'd be wise to consult with a lawyer.
Q: TN Code § 55-4-101 (2014) privilege tax upon the operation of motor vehicles
Eugene L. Belenitsky's answer
Same can be said about every tax you can think of. Two constants are death and taxes. Your best bet to avoid paying this is to change the law.
Same can be said about every tax you can think of. Two constants are death and taxes. Your best bet to avoid paying this is to change the law.
Q: A friend recently admitted herself to a mental hospital for suicide attempt/alcohol addiction. what are her gun rights?
Robert Jason De Groot's answer
You asked this question many months ago. You are not going to get a complete answer in an online forum. She needs to go speak with an attorney about this if she has not already done so. It can be quite complicated.
You asked this question many months ago. You are not going to get a complete answer in an online forum. She needs to go speak with an attorney about this if she has not already done so. It can be quite complicated.
Q: Is there anyway to keep your name and picture out of the busted paper
Robert Jason De Groot's answer
Probably not. These companies take information that is public knowledge at the time and publish it. They defend their right to do so.
Probably not. These companies take information that is public knowledge at the time and publish it. They defend their right to do so.
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