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Posts tagged "constitution"

What Should I Do During a Traffic Stop?

Know Your Rights during a Traffic Stop Seeing blue lights in your rear view mirror gives most people anxiety. Police officers need reasonable suspicion to stop and detain you, but Tennessee law also gives officers huge leeway in their "community caretaking" function when interacting with citizens. It is important to know your rights during any police encounter, especially when on the road, whether at a DUI checkpoint, or during a traffic stop.

Do Non-Citizens have Constitutional Rights?

There is a misconception that the U.S. Constitution applies only to U.S. citizens. Some passages and phrases in our laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. When the terms "resident" or "person" is used instead of citizen, the rights and privileges afforded are extended to protect citizens and non-citizens alike. Moreover, protections under the 14th Amendment ensure that no particular group is discriminated against unlawfully.

Due Process for Undocumented Immigrants

Due process allows an individual in the federal sphere to exercise his or her legal rights afforded by the U.S. Constitution and laws enacted by Congress. In immigration court, it allows one to contest the proposed deportation by appearing before a judge.

Supreme Court strikes down unconstitutionally vague immigration law

An unconstitutionally vague immigration law has been struck down by the U.S. Supreme Court.  The case of Sessions v. Dimaya centered on a burglary conviction that that an Immigration Judge determined was an "aggravated felony." If convicted of an aggravated felony, Dimaya would be subject to mandatory detention and  automatic removal from the United States. 

Grandparent Visitation in Tennessee

In Tennessee, grandparents can obtain court-ordered visitation with their grandchild, although in limited circumstances. These include the death of a parent, when a parent is missing, if the child's parents are not married, or if the child has lived with the grandparents for at least a year before being removed by the parents. So what kind of visitation schedule can a grandparent obtain?

Can "No Trespassing" signs keep out Police?

You may wonder if "No Trespassing" signs can legally keep out police and other law enforcement officers. What if law enforcement finds something incriminating on your property after disregarding your "No Trespassing" signs? Recently, the Tennessee Supreme Court answered this question. 

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