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Tag Archives: constitutional rights

Cross the Fog Line 1 Time, Expect to be Stopped

Issued on the same day (February 11, 2016) as State v. Davis, (See, Cross the Center Line 1 Time, Expect to be Stopped), the Tennessee Supreme Court decided whether crossing the fog line is sufficient reason for an officer to stop the driver and investigate further.  The facts of State v. Linzey Danielle Smith were that the Trooper observed the Defendant crossing over the fog line with the two right wheels of her car and then twice touching it with ... Read More »

Canine Sniffs and DUIs – United States v. Rodriguez

Imagine being pulled over for a minor speeding violation. The law enforcement officer casually approaches your vehicle, checks your driver’s license, proof of insurance, registration, and then issues a warning for the trivial violation before returning to his patrol car.  Relieved, the driver places the citation in his console assuming that the traffic stop had concluded.  Unexpectedly, the law enforcement asks you if his police canine may walk around your vehicle. Despite your refusal, the police canine is jumping and ... Read More »

Facial Recognition by the Tennessee Department of Safety and Homeland Security

Knoxville recently added its third self-service kiosk designed for convenient driver’s license renewal. This kiosk, like the forty others in Tennessee, functions using biometric facial recognition technology to recognize the driver. As of 2013, agencies in thirty-seven states, including the Tennessee Department of Safety and Homeland Security, were using a database of photos for facial recognition: amounting to an estimated 120 million Department of Motor Vehicles (DMV) photos kept in databases around the nation. Be aware, though that the implications ... Read More »

US Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

New Tennessee DUI Defense? Many persons charged in Tennessee with the crime of Drunk Driving (DUI/DWI) may have a new defense in their arsenal.  On April 17, 2013 the United States Supreme Court ruled that the natural metabolization of alcohol in the bloodstream does not present a per se [automatic] exigency that justifies an exception to the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, the court determined that exigency in this context must ... Read More »