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Originally Posted by f2benny
You don't understand what you're reading about. The whole context was whether the police can stop someone, not arrest them. After the stop the cop found the weed in the car. And equal protection has zero to do with it.
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All traffic stops are defined as "arrests" ("detentions"). Once a cop grabs your Communist internal passport driver license contract, that's an "arrest". If you ask the cop, "Am I under arrest, am I free to go?" the cop will answer, "No you are not free to go." If you try to leave, the police state death squads will try to kill you.
TN Code allows immediate arrest for all traffic violations, with max 30 days in jail for all traffic "crimes", as Class C misdemeanors. That's speeding by 1 mph, 1 mph at a stop sign, etc.
All traffic stops are based on probable cause for arrest for a "traffic crime" eyewitnessed by a cop, not "reasonable suspicion" that maybe a non-traffic crime is in progress inside the car.
This particular arrest appeal was initially based on lack of proable cause for arrest on the traffic crime of "driving too slow". The prosecutor, however, did not perhaps file a criminal charge under TN Code for "driving too slow". The Supreme Court remanded the case back to the trial court to rehear evidence on the suppression hearing. So the trial court can still order that the traffic stop was illegal, based on the slow car "not impeding traffic". Of course it's impossible to impede traffic on a 4-lane road with passing lanes, especially when driving 25 mph in a 35 zone. So the trial judge will still probably throw out all the confiscated evidence, again, and all charges will be dismissed.
The only exception is slow traffic, which only allows a ticket and fine, not arrest or jail sentence.
Quote:
Tennessee Code §55-8-123. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(4) (A) Where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five (5) or more vehicles are formed in line, shall turn or pull off the roadway wherever sufficient area exists to do so safely, in order to permit vehicles following it to proceed. As used in this subdivision (4), a slow-moving vehicle is one which is proceeding at a rate of speed which is ten (10) miles per hour or more below the lawful maximum speed for that particular roadway at that time.
(B) Any person failing to conform with the provisions of subdivision (4)(A) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses.
(C) Subdivision (4)(A) shall not apply to funeral processions nor to school buses.
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No city cop is allowed to arrest any person for violation of a city ordinance in TN, and no city court is allowed to sentence any person to jail, since city judges are not real judges, and are not part of the judicial branch as defined by the TN Constitution. No city cops are allowed to have city jails in TN.
So the scam run by city cops and city courts has cops arrest citizens for alleged violations of TN Code, jailed in county jails run by the sheriff, litigated in county/state general sessions courts, then file identical charges in city court for alleged violations of city ordinances.
Most city judges are not licensed lawyers in TN, and most judges signing arrest warrants are not licensed lawyers in TN.
Most judges in USA are not licensed lawyers, according to NY Times. Yet this driver was arrested for not having a driver license, when most judges in traffic court lack a license to practice law.
Equal Protection doctrine requires that all charges be dismissed, when cops are not prosecuted for the same crimes. That's The Law!
But lawyers rearely have the balls to use that defense (this case is an example), and it doubles the workload (and doubles the fee). But I use that offense every time I defend a ticket. On a stop sign case (speeding at 5 mph in a zero mph zone), I bought a copy of the cop's in-car video with GPS speed measurement, proving the cop broke 5 laws in 30 seconds, including running a stop sign, speeding 65 mph in a 30 zone, reckless driving, crossing centerline in a blind curve and drag racing. The cop's video did not show my alleged crime. Case dismissed by the prosecutor during bind over to the grand jury. The cops repaid me for that video when I filed a Bill of Costs with the court clerk.
Deputy broke 5 laws without mandatory emergency lights and siren - CASE DISMISSED