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When is it OK for a Police Officer to Search Me?
Most people understand that the 4th Amendment to the U.S. Constitution protects us from having to submit to unreasonable search and seizure, but there is considerable confusion about the details. A police officer can stop you and ask you questions, but he or she is not permitted to search you unless they have probable cause…
Read MoreTips for Avoiding a DUI at Bonnaroo
Before long the 2016 Bonnaroo season will be in full swing here in Tennessee. From June 9th through the 12th, Manchester, TN will bloom into a small city with thousands of visitors who will be our guests for the four day music festival-palooza. We are going to be honest and let you know that you…
Read MoreTennessee Makes Progress to Strengthen Mandatory Ignition Interlocks and Improve DUI Conviction Reporting
Tennessee is making great strides towards strengthening the punishment for DUI offenders. A bill that would require an ignition interlock device for 120 for second-time DUI offenders has passed the Tennessee House of Representatives. The bill would also require that DUI arrest and conviction records be shared with every Tennessee court and judge immediately. The…
Read MoreQuestioning the Legality of Drug Testing Kits at Music Festivals like Bonnaroo
For five days each summer, the Old McAllister 750 acre farm located outside of Manchester, Tennessee becomes the sixth largest city in Tennessee, jam-packed with nearly 100,000 people when Bonnaroo comes to town. The largest music festival in the United States, Bonnaroo takes over the sleepy little town of Manchester with its 10,000 residents located…
Read MoreProposed Bill Would Boost Repeat DUI Penalties and Reduce Penalties for Small Amounts of Drug Possession
Rep. William Lamberth has introduced controversial legislation that would toughen drunk driving laws while simultaneously reducing the penalties for repeated drug possession. As introduced, HB 1478 would punish a sixth offense DUI as a Class C felony, punishable by three to 15 years in prison. It would define “prior convictions” for the purpose of enhancing…
Read MoreConversation Agents Cannot Replace Trusted Legal Advice
Conversational agents such as Siri, Google Now, Cortana and S Voice are computer programs housed within smart phones, which are designed to respond to user’s question in a “natural” language that attempts to follow real, human conversations. The challenge with conversational agents is that people often do not understand the limitations of the technology and…
Read MoreForfeiture and Seizure of Property in Criminal Cases in Tennessee
Under the current civil forfeiture laws in Tennessee, police and prosecutors can seize and sell your car or other property and use the proceeds without having charged you with a crime. The Institute for Justice calls Tennessee’s forfeiture and seizure laws “policing for profit” in the second edition of a report about the abuse of…
Read MoreHow Vacations and Summer Travel Impact Parenting Plans
This is the time of year when parents start planning vacations and make plans for the summer months. When you are going through a divorce, or after the divorce is finalized, the parenting plan agreement is an important document that will govern the communications between the two co-parents. Even when the co-parents have a relatively…
Read MoreDo I Have to Take a Field Sobriety Test When I Get Pulled Over in Tennessee?
That queasy feeling in the pit of your stomach that comes when you have seen the blue lights flashing in your rear-view mirror and you realize that you are being pulled over by a police officer. It is really late at night and you are on your way home from a party. You have consumed…
Read MoreBonnaroo Planning & Survival Tips
Whether you have been attending Bonnaroo since the beginning, or this is your first season at the summer music festival, you likely know that there are several versions of Bonnaroo survival guides floating around online. There are basically two flavors for these guides: the first is kind of an underground publication prepared by seasoned Bonnaroovians…
Read MoreIs Your Former Spouse Unemployed or Under-employed to Avoid Paying Child Support?
The adversarial divorce is over and your former spouse has been ordered to pay child support for the child you have together; however, you believe that they are not making an effort to find a job because they want to avoid paying child support. What can a primary residential parent do when the alternate residential…
Read MoreOn Super Bowl Sunday, Play it Safe and Don’t Drive Drunk
Each year there is a spike in drunk driving accidents and fatalities on Super Bowl Sunday. As the big game approaches, fans are urged to make a plan if they are going to leave their homes to attend a Super Bowl celebration where they will be consuming alcohol. According to the National Highway Traffic Safety…
Read MoreDating During Divorce is Dangerous in Tennessee
Although you might think your marriage is over when you and your spouse decide to divorce, it is not over in the eyes of the law until the final divorce decree has been signed by the judge. A divorce can be an emotionally tumultuous experience, and once you have decided in your mind that you…
Read MoreHow to Avoid a DUI in Tennessee
The winter holiday season which spans between Thanksgiving and New Year’s Day is traditionally a time when there are a high number of DUI arrests. It is a time of the year when everyone gathers to celebrate with lots of food and wine and alcohol. Law enforcement is aware of this fact, so it is…
Read MoreCongratulations, Adrian Altshuler, on Being Named to The National Trial Lawyers: Top 100!
All of us are simply thrilled to announce that our firm founder, Adrian H. Altshuler, has been selected for The National Trial Lawyers: Top 100 attorneys for the state of Tennessee! The Top 100 list is carefully curated each year to include a select list of lawyers practicing civil plaintiff and/or criminal defense law. The…
Read MoreDrugs, Alcohol & Violence: How to Lose Child Custody and Visitation in Three Easy Steps
When it comes to making decisions about child custody in Tennessee, as in every state in the United States, the best interests of the child is the prevailing consideration. When a couple who have a child is divorcing, the court must decide which parent will be the primary residential parent, and which parent will have…
Read MoreMarijuana Might be Legal in Other States, but Tennessee Still has Tough Penalties against Pot
Marijuana is legal for personal use in some states – but Tennessee is not one of them. Law enforcement in Tennessee takes our drug laws seriously, and drug offenders can face serious penalties if they are convicted of their charges. The Tennessee legislature is making some attempts to pass legislation that would legalize cannabis oil…
Read MoreBalancing Privacy and Protection: Tennessee Law Enforcement’s Use of Body Cameras and Dash Cams
In October of 2014, 17-year-old Laquan McDonald was shot 16 times and killed by a police officer in Chicago. The whole event was captured on the dashboard camera of another police patrol car on the scene. The dash cam footage was not released until November 2015, which is 13 months after the incident. The footage…
Read More“Gray Divorce”: Issues Facing Couples Who Split Later in Life
While the divorce rate among younger age groups has been dropping in the past decade or so, people who are age 50 or older are twice more likely to end their marriages now than they did in years past. Divorces that occur later in life, or “gray” divorce as it is now being called, is…
Read MoreObtaining Police Personnel Files to Support Your Criminal Defense Case
If you have been arrested and charged with a crime, and you observed some form of misconduct on the part of the arresting officer – whether it was the use of excessive force, a violation of your civil rights, or you suspect that they might have planted or tampered with evidence – you may wonder…
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