Month: June 2011
Does Your Vehicle’s Color Match Its Registration?
In a recent search and seizure case from the Sixth Circuit, a divided panel concluded that an investigatory stop of a vehicle in a “high crime area” was permissible where the vehicle color did not match the color listed on the registration. In the case of U.S. V. Cooper, 09-4302 (6th Cir. 6-22-2011), a Defendant in a federal
Significant Win for the Defense on a Confrontation Clause Issue
The Constitution gives us the right to confront our accusers in a criminal case. In practical terms, this means that witnesses offering testimonial evidence against us in a criminal case must appear in court and be subject to cross-examination. The rule is the subject of much legal argument and a number of exceptions (such as
What if They Didn’t Read Me My Rights?
Those of us who have ever watched crime drama on television know that we have the right to remain silent and the right to counsel, and the police have to tell us that before interrogating us about a crime, right? And when we say we want a lawyer or don’t want to answer, they have
6th Circuit: Sawed-Off Shotgun is Intrinsically Suspicious
Having a visible sawed-off shotgun in your vehicle is enough to trigger a warrantless search and seizure. In the recent 6th Circuit Court of Appeals case of U.S. v. Carmack, 09-5819 (6th Cir. 6-7-2011), the Defendant triggered a federal investigation after he sent a counterfeit postal money order to a company that sells law enforcement items. Federal investigators
Counsel Ineffective in Not Informing of Lifetime Community Supervision
In the summer of 2010, the Tennessee Supreme Court released an opinion in the case of Marcus Ward v. State, which held that it was constitutional error when a trial court failed to advise a defendant pleading guilty about the lifetime community supervision requirement which is a mandatory consequence of conviction of many sex crimes. The Tennessee Supreme
Critical Win for the Defense in an Obscenity Case
In recent years, Tennessee’s subjective and draconian application of the sexual exploitation of a minor criminal statute has resulted in some chilling outcomes. The statute was intended to combat child pornography. But it has also been used like a heavy spiked club to incarcerate people even for photographing appropriately dressed minors engaging in age-appropriate activity. It was
Don’t Let Minors Watch the Nicholas Cage Movie Zandalee
… Or you may go to jail for exhibition of obscene materials to a minor. In the recent Tennessee case of State v. Cross, M2009-01179-CCA-R3-CD (Tenn.Crim.App. 5-25-2011), the Tennessee Court of Criminal Appeals upheld a man’s convictions on three counts of exhibition of obscene materials to a minor, for watching the 1991 Sam Pillsbury directed movie, Zandalee, starring Nicholas Cage,
How to Refuse an Implied Consent Blood Test
Under Tennessee DUI law, anyone who drives a motor vehicle in this state is deemed to consent to testing to determine the alcohol or drug content of the person’s blood. Tennessee Code Annotated 55-10-406. This is often referred to as the “implied consent law.” Before directing such a test, a law enforcement officer must 1) have reasonable grounds to