Month: October 2012
Alternate Theories of Innocence and Necessity Are Permissible
There is a statutory defense of necessity which can be asserted as a defense to criminal conduct where applicable. It can be asserted where the conduct in question was arguably necessary to prevent or avoid some more serious imminent harm. And as the Court of Criminal Appeals noted in the recent DUI case of State v. Medley, E2012-00646-CCA-R3-CD
Evidence Sufficient to Support Probable Cause for Arrest
Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers
Specific Date of Activity Not Needed to Obtain a Search Warrant
For a judge or magistrate to issue a search warrant, probable cause for the search must be first established. This is done within an affidavit filed in support of the request for the warrant. The affidavit must supply the facts supporting probable cause for a search. In the recent case of State v. Graves, E2011-02471-CCA-R3-CD (Tenn.Crim.App. 10-4-2012),
Vehicle Stopped for Speeding/ DUI Conviction Affirmed
In a recent Henderson County DUI case, (State v. White, W2011-02301-CCA-R3-CD (Tenn.Crim.App. 8-31-2012) the Defendant attempted to challenge a stop for speeding by using a land surveyor to analyze video, conduct measurements, and opine that the Defendant was not speeding. The surveyor noted power poles along the highway where the Defendant’s vehicle had been traveling, measured distances