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Criminal Law

: Fourth Amendment

TN: Taillight covered with tape RS for a traffic stop

By John Wesley Hall, Jr.

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A broken taillight lens covered with tape that had white light coming through was reasonable suspicion for a traffic stop. State v. Brotherton, 2010 Tenn. LEXIS 878 (September 27, 2010), revg State v. Brotherton, 2009 Tenn. Crim. App. LEXIS 298 (Tenn. Crim. App., Apr. 23, 2009).* The trial court found that the defendant consented to a search of her car. She said she couldn’t remember consenting. The trial court’s finding was dispositive. State v. Pennington, 2010 Tenn. Crim. App. LEXIS 804 (September 27, 2010).* In a drug search, the government seized four large flat screen TVs as alleged proceeds of the crime. The government says that it will not offer the evidence at trial, so the motion to suppress the evidence as outside of the scope of the search warrant is moot...continue to full post

Full post as published by Fourth Amendment on September 30, 2010 (boomark / email).

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