Legal Question in Criminal Law in Tennessee

Last night I was driving my bf was in passenger seat and I got pulled over. They said the reason was tinted Windows and a tail Light out. My car is a 92 the Windows are original I've never gotten pulled over for that before. Anyway they asked for my id and registration and insurance and my bfs id. I couldn't even find a not expired version of my registration and they didn't take the insurance.. They just asked for my bf to step out of car he asked why and they said they want to talk to him. They then put him in handcuffs and said he had a warrant But didn't know where it was from. He was in prison in another state 4 years ago. I called the county of the state to see if there was a warrant and they couldn't find one. There's no warrant in the state we live in either(tn). He has another court at 9 tomorrow. I just don't know what to do nobody can tell me anything. Nobody seems to even know why he was arrested. I just want to know if there is anything I can do and how I can get him out


Asked on 3/22/16, 6:34 pm

1 Answer from Attorneys
Charles Bloodworth

1 - "What charges? How to get him out?" Look at the Montgomery County Tennessee Jail web site and it will tell you his charges and the bail bond.

https://mcgtn.org/sheriff/booking

2 - At the very first court appearance either you or your boyfriend should request that the arresting officer "preserve the dashboard video." Clarksville Police Department / Montgomery County Sheriff / Tennessee Highway Patrol have dashboard cameras, but they will be recycled in perhaps 30 days, and if you/he doesn't state that you believe it is important, it will not be preserved. If he/you are not heard in court, then go to or call the Clarksville Police Department / Montgomery County Sheriff's Department / Tennessee Highway Patrol (whoever was the arresting agency) and make a demand that the dashboard video be preserved.

3 - Tennessee law provides that "any officer who has a reasonable belief that a window tint in in violation of the law has probable cause to stop that vehicle FOR THE PURPOSE OF CHECKING THE WINDOW TINT!" (emphasis added). Not for the purpose of checking the driver's license, not for the purpose of checking registration or insurance, but "for the purpose of checking the window tint." This may surprise you (wow) but police have been known to pull over cars for "window tint" violations and never even check the window tint! (or even have a test meter or gauge in the car with them capable of testing the window tint).

4 - Still, "I'm checking for window tint" is a BS reason for an officer to pull the driver over, followed by an unconstitutional seizure, an unconstitutional search, "show me your papers" and followed by a trip to the booking desk. There are certain Clarksville officers who have a reputation for such bogus stops.

BOTTOM line: Call the booking desk (931) 648-0615, press button 1, and ask for his bond. Other than calling an attorney, that's all I can recommend before his first appearance (probably on "TV Court") in General Sessions Court.

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Answered on 3/22/16, 8:37 pm


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