Category: Reasonable Suspicion
Reasonable Suspicion Upheld Despite Working Headlight
A police officer must have reasonable suspicion that a crime has occurred or is about to occur before initiating a warrantless stop or detention of a vehicle to investigate. But the suspicion must only be reasonable at the time of the seizure. It does not have to be proven ultimately correct. In the recent Tennessee
Database Error Still Reasonable Suspicion for a Stop
Authorities must have reasonable suspicion of criminal activity before they can lawfully seize a person to conduct an investigation. Stopping a motor vehicle by a show of authority is a seizure. But though the suspicion must be reasonable, that does not necessarily mean it must be accurate. In the recent Tennessee case of State v. Meadows, M2013-01650-CCA-R3-CD
Smell of Alcohol is Reasonable Suspicion for DUI Investigation
Reasonable suspicion of criminal activity is generally necessary for a police officer to use authority to compel a warrantless stop or detention of an individual. In the recent Tennessee case of State v Wessels, M2012-01969-CCA-R3-CD (Tenn.Crim.App. 9-20-2013), the Court of Criminal Appeals concluded that a police officer who claimed to smell alcohol on a driver had reasonable
Incorrect License Tag Creates Reasonable Suspicion
Reasonable suspicion that a person may have committed a crime or be in the process of committing a crime is necessary before a person can be detained (nonconsensually) by law enforcement for even a brief investigation. Reasonable suspicion must be based upon articulable facts. A detention or seizure, which occurs unlawfully, may invalidate evidence obtained