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Tennessee Constitutional Law Questions & Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Constitutional Law, Land Use & Zoning and Real Estate Law for Tennessee on

Q: If I am renting a house to own from a individual and bank forecloses on it what rights do I have?

Having minor children. And doing all repairs myself

Anthony M. Avery answered on May 23, 2019

The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: The police keep showing up at my home without a warrant claiming to be looking for people. Can I file a lawsuit

They keep showing up numerous times a week without a warrant searching my home and harrassing myself and company. I was nice enough to let them search the first few times they came but now they keep coming 2-3 times a week claiming they don't need a warrant cuz of an anonymous call and cuz the... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 30, 2019

It sounds like an abuse of power on their part. You should consult with a local defense attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on

Q: Can the police just look in your windows? Is this illegal search and seizure?

Was about to go to bed one evening, as i go to kiss my babies goodnight i notice the front door is open and my 2yr old is talking to someone. As i approach i notice it was the sheriffs dept. He began to tell me that when he knocked the door just came open and that they were here to serve a warrant... Read more »

Anthony M. Avery answered on Apr 24, 2019

You have not stated if a Charge was made. If not, forget about it, but do not conduct illegal activities. If a Charge was made then hire a competent attorney to represent you at hopefully only General Sessions, but possibly Circuit Court. At Circuit you can file your Motion to

Suppress,...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on

Q: Is it legal to search someone walking alongside the road having commited any apparent crime

Was stopped because concerned about my safety walking on the road after expressing his concern then searched me to check for weapons and found drugs is this a legal search

Mr. Kent Thomas Jones Esq. answered on Apr 22, 2019

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.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on

Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?

I have filed a civil lawsuit i was denied medical denied supervisors unlawfully detained and unconstitutionally detained after following order of a officer. My arms bleeding and several request for supervisors and medical treatment after officers told me go in my home then busted into my home... Read more »

Anthony M. Avery answered on Apr 15, 2019

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.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on

Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?

The state of TN has adopted a policy of “rolling” enforcement facilities to combat distracted driving. Can they legally look inside your vehicle, even if it is just from the outside, if you have not committed a crime and there is no probable cause to believe you have committed a crime? Is... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 3, 2019

They need probable cause to search your vehicle.

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1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on

Q: If E-mail or US mail is sealed or unopened is it protected from search and seizure?

would a warrant served prior to the issue date or executiton date be good ?

Mr. Kent Thomas Jones Esq. answered on Mar 1, 2019

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.

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on

Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?

She has Excema, and an officer suggested she go into a rehab facility based on her skin condition that day. No prior arrests, and she isn’t an addict. Was only charged with misdemeanor possession bc it was at her friends that she lives with. This is unfair and unconstitutional.

Mr. Kent Thomas Jones Esq. answered on Dec 20, 2018

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... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on

Q: If an inmate escapes and receives 6 mths added to sentence can the jail also refuse to give good days and reclassify ?

Inmate escaped on work duty. Has been over a year. He was sentenced to 6 more months as punishment for escape. the jail administration says that he will not be reclassified to minnimum or receive 10 days a month good time because this is part of his punishment for escape . Is this not double... Read more »

Anthony M. Avery answered on Oct 12, 2018

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.

2 Answers | Asked in Constitutional Law and Criminal Law for Tennessee on

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

But they still arrested him because he would not talk. What do i do to get him out of the situation or can he get the charges dropped since i didn’t write a report ? They are charging him with domestic assault

Anthony M. Avery answered on Sep 25, 2018

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.

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: I was assaulted by a police officer on duty was not arrested he busted in my house without warrant and denied me medical

He was also being investigated for body found in van 41 daus before he assaulted me i was bleeding from handcuffs he wouldnt call ambulance or lutinant when i requested he entered my house without warrant iab would not take my report initially i filed a police report dor assault to prosecute but he... Read more »

Mr. Kent Thomas Jones Esq. answered on Jul 18, 2018

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.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on

Q: If you feel your constitutional rights have been violated by US Marshall how to put the complaint to internal affairs.

They charged you with 1 round of ammunition they allegedly found under the microwave. It has never been fingerprint but, you get arrested

Gary Kollin answered on Jun 25, 2018

Before you do anything, consult with your lawyer. Remember anything you say (or write) can be used against you

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: My car was stolen and a police report was filed. Two days later the car was abandoned at a Shell gas station.

The gas station attendant called a towing service to have the car towed. The car sat in the tow yard for 33 days before I discovered the stolen car was at this tow yard. The tow company wants $1,400 for the charges towing and storage. They are not willing to come down on the price to release... Read more »

Don Himmelberg answered on Mar 28, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on

Q: Can I keep a firearm in my car?

I am a resident of Tennessee, 19 years of age, no concealed carry permit. I have a few questions regarding the current gun laws of Tennessee. Any help answering some or all of these will be much appreciated.

1. Can I keep a handgun in my vehicle.

2. Can I keep a long gun, rifle,... Read more »

Anthony M. Avery answered on Feb 11, 2018

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... Read more »

1 Answer | Asked in Constitutional Law and Elder Law for Tennessee on

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?

My father's health is going down. Can he sign his property over so the state can't take it?

Marjorie A Bristol answered on Dec 21, 2017

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!

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Tennessee on

Q: How long do you have to move; being served a writ of restitution?

Leonard Robert Grefseng answered on Nov 20, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Juvenile Law for Tennessee on

Q: My 16 year old daughter and boyfriend gets pulled over for window tint? cops searched vehicle!! I have a few questions

My daughters boyfriends car broke down and she picked him up from work, he works 3pm-11:30pm, and yes I know the law on curfew for her being 16. But Cookeville City pulled them over, Her boyfriend is 18, he was driving, but the reason the cop said he pulled them over was the windows looked to dark... Read more »

William Head answered on Sep 1, 2017

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.

1 Answer | Asked in Consumer Law, Civil Rights and Constitutional Law for Tennessee on

Q: In 2009 a credit card company issued a judgment against me in my absence.

The court record stated that in 2009 Capital One credit issued a judgment for the debt and a power of attorney of me which I never signed. I recently received a letter from a debt collector regarding this same account showing the Shelby County, TN court case number and an offer for me to pay the... Read more »

Bennett James Wills answered on Oct 25, 2016

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... Read more »

1 Answer | Asked in Constitutional Law and Traffic Tickets for Tennessee on

Q: TN Code § 55-4-101 (2014) privilege tax upon the operation of motor vehicles

Tenn. Code Ann. § 55-50-311 Uniform Classified and Commercial Driver License Act, Part 3 Application, Examination, and Issuance, when you as a living soul not a person, citizen, or any version dealing with the corporate fiction strawman how is this not infringing on our inalienable rights by... Read more »

Eugene L. Belenitsky answered on Mar 9, 2016

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.

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