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Tennessee Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: are cops allowed to take our phones
Anthony M. Avery
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answered on Apr 19, 2023

Very often they take them as evidence of crimes, so yes. If you are not charged with a crime, then you can ask for them back or sue the LEO for conversion.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a former admin law judge for TN Dept of HHS, act on behalf as Guardian for a disabled teen in the 10 grade

My son was removed from his grandmother's house illegally without a signed court order from the judge. and his wife who also is an attorney was a assistant Council for the Department of Children Services is that legal or is that a conflict of interest. I know what my answer is but I want to... View More

Anthony M. Avery
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answered on Apr 5, 2023

No obvious conflicts shown. It sounds like he is practicing law in an area he knows well. Hire your own attorney.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: I had gone to a motel to give a friend of mine money to help him either get out of or purchase another night. Was in the

Parking lot no more than 5 min friend got into car with a lap full of things and my car was surrounded drug dog was called, hit on car. While searching car I was taken into room that was being raided strip searched and taken back outside nothing found on me took me to jail seized car wasn't... View More

Anthony M. Avery
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answered on Mar 29, 2023

Hire a competent criminal attorney to represent you quickly. You will at least need a Motion To Suppress Evidence filed if indicted. At General Sessions, prepare for a Preliminary Hearing. PDs are not going to do this. This is a public forum and you have already stated too many facts.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
Anthony M. Avery
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answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I have documentation stating that my husband is innocent. the judge is refusing to let him out, need help please

My Husband is being detained on charges that he did not commit. I have the documentation, also a compact disk showing my husband was set up. the charges are as follows (1) capias, out of criminal court (2) bond revocation. I have all documents. Hancock County court and Claiborne County court have... View More

Anthony M. Avery
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answered on Mar 27, 2023

Documentation is usually Heresay, but leads to Witnesses. Husband needs an attorney to represent him, so hire a competent one. Having charges in multiple Counties is difficult and expensive, as reaching a disposition in one Court just puts in jail in another County. Whatever he has been doing... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Hello. I am looking to file a civil suit against a Towing Company. My moving truck was towed from my apartments.

The leasing office did not call them. They still have the moving truck and will not release it. The police was called but due to this being a private company, there is nothing further they can do. Any suggestions?

Anthony M. Avery
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answered on Jan 11, 2023

Figure out who the defendant is, and how to serve them. Sue in General Sessions for either Action To Recover Property and/or Conversion. Might want a lawyer.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I got arrested for asking if I was being detained or arrested cause I didn’t show id
Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 1, 2023

Anytime you get arrested, it should be taken seriously. You should definitely get a competent defense attorney working on your behalf with the district attorney in this case.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: If I was given my civil rights back in both states I was charged (TN&KY), do I qualify for a class e felony?

I was not on parole/probation; I received my rights back in June of 2020; I’m being charged with a class b felony or a c right now; I’m hoping it can be mended down to a class e which carries 1-6 yrs @30%.

Anthony M. Avery
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answered on Nov 17, 2022

That would be a very large reduction in the criminal charge. Hire a competent TN attorney to represent you.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My husband's probation came to our home four probation officers and searched our 3 and a half acres. He was arrested for

A single bullet to a gun I don't own ,misdemeanor weed misdemeanor meth after they arrested husband they wanted in my she shed where I had my 2 22 rifles wrapped and hid away from husband under lock and key. They charged me with tampering. Was I tampering I asked for my 4th amendment rights... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 15, 2022

You should hire an attorney and that will give you the best chance to get out of this.

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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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 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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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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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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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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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... View More

Anthony M. Avery
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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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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... View 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.

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