Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Is it legal for a CI to record in my home without a warrant in TN?

I have been indicted on drug charges in Tennessee, and I'm concerned about how evidence was obtained. Law enforcement sent a confidential informant (CI) to my home, who recorded video and audio without a warrant. I was in my bedroom, and my children let the CI in without my knowledge. I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You're right to be concerned about how the evidence was collected. In Tennessee, the legality of a confidential informant recording inside your home without a warrant depends heavily on the specific circumstances. Generally, the Fourth Amendment protects you from warrantless searches or... View More

1 Answer | Asked in Education Law and Constitutional Law for Tennessee on
Q: Is it legal for a TN student to wear a bulletproof vest to school?

I am a high school student in Tennessee and have become increasingly worried about the threat of school shooters and escalating violence, such as fights, at my school. I am considering regularly wearing a bulletproof vest to school as a precautionary measure. I have discussed this idea with my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

In Tennessee, civilian ownership of body armor is generally legal for non-felons. Tennessee law allows any civilian to purchase and use a bulletproof vest unless that adult has been convicted of a felony. However, there are important considerations regarding where and when it can be worn.... View More

1 Answer | Asked in Civil Rights, Education Law and Constitutional Law for Tennessee on
Q: Can TN private schools deny religious vaccine exemptions?

I requested a religious exemption for vaccines for my child at a private school in Tennessee, and it was denied because it goes against their policy. The school's handbook includes guidelines for exemptions, and I've communicated with the administration about this issue. Are private... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

Tennessee law does state that children may be exempt from immunization requirements when a parent files "a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices, affirmed under the... View More

2 Answers | Asked in Constitutional Law, Civil Litigation and Criminal Law for Tennessee on
Q: Concerns about checks and balances in the legal system.

I am concerned that the roles of defense attorney, prosecutor, and judge, with their primary duty being to the court, might result in a conspiracy against the defendant. I believe there are no checks and balances in place to prevent this. How is fairness ensured in such a system?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2025

In the courtroom, it's an adversarial system, meaning that the prosecution's aim is to prove a case, and the defense's aim is to establish doubt upon those efforts. Fairness is supposed to be maintained by each side following procedural and evidentiary rules and diligently working to... View More

View More Answers

2 Answers | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: Is it legal for law enforcement in TN to use a CI to record without knowledge?

In Tennessee, is it legal for law enforcement to send a confidential informant (CI) into my home to record me without my knowledge? In this case, the CI was let into the home by children, not adults, and recorded asking the resident to set up a drug transaction with a source who did not reside in... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2025

Yes as the CI is not the government. Probably no 4th amendment issue there, but every case needs its facts evaluated for a motion to suppress.

View More Answers

2 Answers | Asked in Constitutional Law and Uncategorized for Tennessee on
Q: I was denied a firearm purchase because of unpaid traffic fines in Georgia. Does that sound right?(No felonies)

I tried buying a firearm in Knoxville, TN and I was denied because of unpaid Traffic fines in the State of Georgia.

I've never had a felony and ive always been a pretty law abiding citizen. Am I being cheated out of my rights because im ignorant of the law?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2025

Apparently your NCIC is bad. Hire an attorney to file the General Sessions suit against the State for denying you the purchase. But you better check on your own record carefully first and contact the respective Court Clerks in GA.

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: Rape kit shows no DNA inside of person claiming to be raped. Can they still try to prosecute for rape?

The supposed victim stated he forced himself inside and relieved himself as well. No DNA was found inside victim and he was arrested in July without any evidence. Arrested for someone saying it happened. They just now sent evidence gathered in July to lab for testing 7 months later. The law states... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2025

Defendant needs to hire a competent attorney to defend him at trial, now. He might get convicted the way he is going, as he apparently did not have a preliminary hearing.

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it a 1st Amendment violation for a city council to not allow citizens to use people’s names when speaking at meetings

City Mayor refuses to allow citizens to refer to anyone by name when addressing the council at public meetings

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2025

It could depend on how the policy is implemented and enforced, and what the underlying purpose is related to - safety, accountability, or other. Senior public officials who are familiar with the specific protocols and rules of the council would probably have strong insight into the validity of such... View More

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: When a search warrant is issued & executed how long does the officer have to return it to court & have it filed in TN?

Search warrant was issued Oct 23rd and executed Oct 25th. It was then filed twice, Oct 31st and Nov 14th. On another occasion a search was done end of May. A week later in June a arrest warrant was issued but took till Sept to arrest the person. Then in Nov is when the search warrant was filed.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

The Defendant obviously did nothing after the first SW but continue what he was doing. Filing with Court should be prompt but tardiness alone will not vitiate the SW. TN Statute protects against most errors. To suppress evidence generated by a SW requires usually showing a lack of probable... View More

View More Answers

2 Answers | Asked in Family Law, Real Estate Law, Tax Law and Constitutional Law for Tennessee on
Q: TN. Homestead Rights disregarded of a Surviving Spouse of 23yr marriage, 16 year primary resident of 100% Debt FreeHome

The court and the executor and the executor's attorney are all denying that he is entitled Homestead. Writes, they basically are claiming like those rights. Don't exist that these are a fabrication that he does not know what he's talking about. There are no Homestead rights that a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024

Marriage alone does not generate a Homestead Exemption. Hire a lawyer to search the title to determine ownership, and examine Will for a Contest. It does not sound good. Surviving Spouse needs a lawyer to claim a year's worth of support by Statute.

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
PREMIUM
Michael Gregory Floyd pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

2 Answers | Asked in Real Estate Law, Constitutional Law, Legal Malpractice and Probate for Tennessee on
Q: NO INSOLVENCY TO THE ESTATE Surviving Spouse has Declared Homestead Life Estate , Court is trying to seize and sell?

..///#

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

Where is your attorney? He needs to object to the sale, which is probably to pay his and his attorney's fees. You should have already claimed a year's support and other items, but it is too late now. Obviously you do not know what to do. Hire a competent TN attorney now.

View More Answers

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: TN Const art IX § 3, can someone explain this to me?

I'm just curious what TN Const art IX § 3 means.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

Understanding Tennessee Constitution Article IX, Section 3 is key to knowing how your state’s legislative districts are created. This section sets the guidelines for dividing Tennessee into areas that elect representatives to the General Assembly. The goal is to ensure that each district has a... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

View More Answers

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Municipal Law for Tennessee on
Q: Someone who enforces statutes, has been ruled as an administrative clerk. Thompson vs Smith, Keller vs P.E., F.R.C vs

G.E. Doesn’t that make the Administrative Clerk an extension of the prosecutor? Wouldn’t that be a conflict of interest?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

While it might seem like a conflict of interest, the roles are designed to remain separate. Checks and balances exist within the legal system to prevent clerks from overstepping their boundaries. If you believe there is an inappropriate overlap in someone's role, you may want to consult legal... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....."

thank you for your attention in this matter of grave... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

That will probably be found to constitute a justifiable search for the officer's safety.

View More Answers

1 Answer | Asked in Constitutional Law and Construction Law for Tennessee on
Q: Can a homeowner sue me for poor work even after the warranty is up and they refused me the right to fix it.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, a homeowner can sue you for poor work even after the warranty period has expired, depending on the circumstances. If the work was done negligently or did not meet the standards agreed upon in the contract, the homeowner might still have grounds to file a lawsuit. The key issue is whether there... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Medical Malpractice for Tennessee on
Q: My son died while in police custody. I think I can prove that he was beaten by gurds in jail. Then when he. Was in the

When he was n hospital while being guarded,his oxygen was shut off for 12 hours. I have a witness to the beating, he had black eyes. It's been 3 years I want justice for him and the ones rhat dies before and after him. Is there anything I can do? I think it is murder plz help

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

There are attorneys who concentrate their practice on cases such as these. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Can a community corrections officer take blood for a drug test without a warrant in Tennessee (Hickman County)

They usually do urine tests do they have to have a judge sign off to get blood or have a Warrant?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

If you are on probation then there is no need for a warrant.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.