Year: 2014
Mapp and the exclusionary rule, pt.3
The exclusionary rule first appeared in 1914, in a federal case involving the U.S. Marshal’s Office, known as Weeks v. U.S. That case involved U.S. Marshals searching a home for lottery tickets. The search was conducted without a warrant and the U.S. Supreme Court ruled that evidence gathered during an illegal search must be suppressed
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. If law enforcement stops you illegally and attempts to charge you with a DUI or
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
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. Those DUI checkpoints have received more publicity than normal, but a YouTube video that records an
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
Tennessee troopers will be out in force over Thanksgiving
Thanksgiving travel throughout Tennessee is expected to reach the highest levels since 2007, with more than a million motorists on the roads of the state. To enable that travel to remain safe and arrive at its destination, the Governor’s Highway Safety Office and Tennessee Department of Transportation (TDOT) is shutting down all road construction site
Officer’s DUI dismissal rate is higher than average
Law enforcement officers are given a great deal of authority and discretion. After all, a Tennessee Highway Patrol trooper or a Chattanooga Police officer, if they observe that your vehicle has a taillight out or you weave in and out of your lane, they can pull over and have a word with you. If they
Tennessee Highway Patrol to host roadblocks for Halloween
Some holidays, such as New Year’s Eve, have long been associated with overindulgence and alcohol. We have come to expect extra warnings about the dangers of drunk driving and the Tennessee Highway Patrol and other local law enforcement often have enhanced numbers of patrols on the roads and sobriety roadblocks, where drivers are questioned by
Tennessee court demands warrant for DUI blood draws
The Fourth Amendment to the U.S. Constitution protects the people from unreasonable searches by police. The Amendment has provided ample number of cases that have litigated the issue of the reasonableness of a search. What is most remarkable about many of these cases is the refusal by law enforcement to avail themselves of warrants for
Can you be arrested for a DUI and be sober?
According to a local newspaper, the answer is apparently yes. A Knox County Sherriff’s Office (KCSO) deputy had arrested a driver for a DUI after he claimed he smelled of booze and he claimed the suspect failed the field sobriety tests. But, when the blood test results come back from the Tennessee Bureau of Investigation