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Originally Posted by dealsgapdragon
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.
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Good Lord.... I wish you would attend some sort of criminal justice course... so you could at least have a pretense to the pretending of what you think you know.... which is absolutely nothing about TN law....
A traffic stop is NOT an arrest.... it's simply a detention... "need help with that?..... check out Webster, for what the difference may be.
And you can be arrested on a misd. city citation....(If you don't sign the ticket).
Quote:
Originally Posted by dealsgapdragon
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.
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NOPE>>>>> it is based on an atty attempting to pull a rabbit out of a hat by finding a loop hole to get a criminal off of the real charges of illegal narcotics. But don't worry... if this is suppressed.... then the TN government will revise an amendment to impeding traffic to close this loop hole like it has many before.... (this is called cat and mouse) lawyers consistingly try and find loop holes in the system, and the government has to keep closing the holes as they are found.
The only exception is slow traffic, which only allows a ticket and fine, not arrest or jail sentence.
Quote:
Originally Posted by dealsgapdragon
Equal Protection doctrine requires that all charges be dismissed, when cops are not prosecuted for the same crimes. That's The Law!.
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Wrong again.... on duty officers are allowed to "adjust" to certain events in order to monitor or observe (such as traffic) the breaking of laws.....
Kinda hard to observe a slow driver.... "if the officer passes them"
As for the video tape.... "hince... did not use emergency audio/visual equipment", that is a big no, no here in TN... in fact it's a mandatory, yearly class that every certified officer has to take as part of "In-service" training". The officer should have been using his equipment... that is where he is wrong.