Court takes on Fourth Amendment exclusionary rule

September 9, 2011 By  Timothy P. O'Neill Timothy P. O'Neill is a professor at The John Marshall Law School. He was a finalist for the 2010 "Peter Lisagor Award" for Exemplary Journalism in the area of Commentary. Let's talk about "The Biggest Loser." No, not the TV show. I want to talk about what Linda Greenhouse referred to as "The Biggest Loser" of the 2010 term of the U.S. Supreme Court: the Fourth Amendment. From a defense perspective, the result was scorched earth. For openers, the government won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the majority … [Read more...]

Nashville Criminal Attorneys Explain: Reckless Driving in Tennessee

What is Reckless Driving in Tennessee? In Tennessee, you can be charged with reckless driving if you have driven a vehicle with a willful or wanton disregard for the safety of other people, or property. In addition, anyone who drives a motorcycle with the front wheel off the ground and in willful or wanton disregard for the safety of others can be charged and convicted of reckless driving. What is the Punishment for Reckless Driving in Tennessee? Reckless Driving in Tennessee is a Class B Misdemeanor, punishable by up to 6 months in jail and fines not to exceed $500. How fast do I … [Read more...]

Nashville Criminal Lawyer: Tennessee Law On…Knives

I consider myself somewhat of an amateur collector of knives. (Big fan of Gerber knives – they’re reasonably priced and great knives). Although I enjoy hunting, fishing, camping and other outdoor activities, I buy knives not because I need them for any particular purpose (I already own too many) but just because I like them. Most people are aware there are laws addressing certain types of knives and other weapons, but most don’t know specifically what the law is in Tennessee. With regards to knives, here’s your answer: Switchblade (automatic) knives – Illegal in Tennessee, unless for … [Read more...]

Nashville Criminal Lawyers Explain Gun Ownership Without a Permit in Tennessee

I have been asked by several people who have either recently lawfully purchased a firearm or are considering purchasing a firearm, where they can keep the firearm and how to lawfully transport the firearm in their vehicle if they are going hunting or to the shooting range.  I would like to take each in order, with the caveat that this applies to firearms owners who are legally permitted to own firearms (persons of proper age, no felony convictions, not under the influence, etc.) who are in possession of firearms in legally permitted areas (not restricted areas such as school property, … [Read more...]

Nashville Attorney Explains Disorderly Conduct in Tennessee: What It Is… and Isn’t

Recently, Metro Nashville Police Officers underwent a refresher course on the law of “Disorderly Conduct.”It stands to reason that if police officers could use a refresher course on the law, then citizens would benefit from a brief lesson as well.  Nashville has several spots where large groups of people can enjoy live music, good food and drink, and where police officers are needed so the revelry of one person won’t spoil the fun of another.  To help promote the safety of others and maintain order, the Tennessee Legislature permits police officers to arrest individuals for the offense of … [Read more...]

Nashville Criminal Lawyers Explain: Peeping Tom and Tennessee Law

Who is 'Peeping Tom' anyway? Legend has it in England that Lady Godiva to protest her husband's oppressive taxes on the local citizens rode a horse through town naked. She requested that the citizens go inside and shut their blinds while she rode. One man, named Tom, bore a hole through his door to take a peek while the fine Lady rode past his cottage. 'Peeping Tom' earned his nickname and probably forever regretted his decision. Peeping Tom was also allegedly immediately struck blind. So, what are the 'Peeping Tom' laws in Tennessee? Peeping Tom laws generally refer to laws intended to … [Read more...]

Nashville Criminal Attorney Explains: Tennessee Drug Laws

In 1987 in response to an increase in drug activity, then Governor Ned Ray McWherter initiated the Drug Free Tennessee program which resulted in a variety of programs designed to address a growing drug and alcohol problem not only in Nashville and the major cities, but throughout rural Tennessee as well. As a result, the Tennessee Drug Control Act was passed into law. Specific drugs are placed into categories representing their potential for abuse. Schedule I drugs present the greatest likelihood of abuse while Schedule VII represent the least likelihood of abuse and all classified drugs are … [Read more...]

Nashville Criminal Attorney Explains: Prosecution Limitations on Criminal Cases in Tennessee

Most people are familiar with a statute of limitations on civil cases, but it largely goes unnoticed with criminal cases. With the advance of forensics, many ‘Cold Cases’ are provided a new breath of life and receive quite a bit of media attention. People often do not realize there are limitations to when a crime can be prosecuted and with some exceptions, there are limitations to the prosecution of most crimes in the State of Tennessee. Our Nashville Criminal Lawyers have provided a brief, simplified explanation of the limitations. If you have been charged with any misdemeanor in Tennessee … [Read more...]

Cursing is a Class C Misdemeanor in Tennessee

It's true. In court anyway. Tennessee Code Annotated 29-9-107 states that anyone who 'profanely swears or curses' in the presence of any court of record commits a Class C Misdemeanor. (Although admittedly, I was unable to ascertain precisely which words would be considered to rise to the level of profane or cursing.) Just another reason to think twice before you let loose in the court room. - Your Nashville Criminal Lawyers … [Read more...]

Nashville Criminal Lawyer Explains: Kidnapping Offenses in Tennessee

False Imprisonment - a person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. False Imprisonment is a Class A Misdemeanor in Tennessee Kidnapping in Tennessee is false imprisonment under circumstances exposing the other person to substantial risk of bodily injury. Kidnapping in Tennessee is a Class C Felony. Aggravated Kidnapping in Tennessee is a Class B Felony and is False Imprisonment committed: (1) To facilitate the commission of any felony or flight thereafter; (2) To … [Read more...]

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