Legal Question in Criminal Law in Tennessee

You have asked a number of questions, and raised a number of issues, so let's take them in order:

1 - If the officer had a reasonable basis to stop the car (speeding, failure to signal a turn, expired plates, execssively dark window tint, etc. etc.) and smells marihuana, then the officer is authorized to search for the marihuana. The "plain smell" odor of marihuana by an officer trained and experienced in the aroma of marihuana is "probable cause" to arrest you son and search the car looking for the marihuana.

2 - The officer is not required to say "you are under arrest" (even though as a matter of law, your son was under arrest). Sometimes officers will simply search, and if they find nothing, let the defendant go. He is not required to read your son his rights, BUT, if he does not, nothing your son said in response to police questioning can be used as evidence against him.

3 - When the oficer finds drug paraphernalia, especially a scale, and marihuana in an amount over 1/2 ounce (technically, 18.175 grams) "packaged for sale" the offense is raised from a Class A Misdemeanor to a Class E Felony. Under 1/2 ounce is a misdemeanor, even if for resale or delivery, a strange quirk in Tennessee law.

4 - Simple Possession of Marihuana is a Class A Misdemeanor, if it is a first or second offense. A third offense of Simple Possession of Marihuana is also a Class E Felony.

5 - The distinction is important: The car cannot be seized (confiscated) by the state for a misdemeanor offense. It can be seized (confiscated) if used to commit a felony drug offense.

6 - So it appears that the car was first towed, simply to get it off the road while your son was taken downtown and booked into jail.

7 - Then, when the officers weighed the actual amount of the marihuana on sensitive scales, if it exceeded 1/2 ounce they would be justified in filing a seizure notice against the car.

8 - I won't go into the details of fighting a car seizure, it is enough to notice that the person in possession of the car (your son) and the title holder, and any lien holders, are given notice of the intended seizure and have the right to contest it. The notice is given on a large green form, covered front and back in fine print explaining how to challenge the seizure/forfeiture. I will say this:

There is a very short time period to file an objection or claim, not more than 30 days, or you forfeit your right to challenge the seizure.

If you successfully challenge the seizure, then yes, the owner must pay for towing and storage, unless otherwise agreed in the seizure order/settlement.