In a 5-4 case, the United States Supreme Court ruled that a warrant is not generally needed to draw blood from an unconscious person suspected of DUI. In the case of Mitchell v. Wisconsin, the Court's Opinion stated that police are almost always allowed to order a blood draw from an unconscious driver without a warrant when they have probable case to believe the person was driving drunk.
In the recent 2019 case of State v. McElrath, the Tennessee Supreme Court adopted a good-faith exception to the requirement of a warrant when police officers make mistakes that are the result of negligence and not reckless disregard or a systemic error. Any evidence obtained under this exception will not be suppressed in court. So what does this mean?
Under federal law, certain Immigration and Customs Enforcement Officers cannot execute search warrants. They also cannot enter your residence to serve an arrest warrant. So what do you do if ICE is outside your door? To understand your options, you need to know a little history about the agency.
The Tennessee Supreme Court has issued a new rule to determine whether a search warrant is valid. If you've been charged in a criminal matter, this can affect whether the evidence to be used against you can be suppressed. Continue reading to learn more.
Seeing blue lights in your rearview 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.
The Fourth Amendment to the U.S. Constitution guarantees against illegal search and seizure. Every person is protected under the Constitution, regardless of their immigration status.