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December 2014 Archives

Dollree Mapp and the exclusionary rule, pt.2

When law enforcement violates the constitution, the courts are faced with a difficult problem. The Constitution, as the enabling law from which all other federal and state laws obtain their validity, lacks one important feature. It has no enforcement mechanism for violations.

Dollree Mapp and the exclusionary rule

Most drivers in Tennessee who are pulled over and charged with DUI have never heard of a woman known as Dollree Mapp, nor of the U.S. Supreme Court case that bears her name. Mapp v. Ohio is not as famous as other criminal cases like Miranda, but for a suspect in a DUI, the Mapp case may be vitally important.

Holidays bring Tennessee sobriety checkpoints

'Tis the season for holiday jingles, festive decorations and lots of pretty lights. Unfortunately, for some drivers, those blinking lights may not be on a tree, but on a Tennessee Highway Patrol or Chattanooga Police Department vehicle at a sobriety checkpoint.

How to improve Tennessee's DUI laws

Some look at Tennessee's DUI laws and believe they need to be more severe. They want the penalties to be more draconian, with larger fines and longer sentences. They look at a case of a repeat DUI charge or conviction and believe that the only reason the system failed is because the punishment was insufficient and the person did not serve sufficient time behind bars.

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