Legal Question in Traffic Law in Tennessee

Why Searched?

I was stopped in my truck with my child. The officer said I had violated probation, didn't have all my fine paid by the due date. Three more law cars appeared and stopped. Me and my eight year old son was put in the back of one of the law cars. The next thing I know there are five cops going thru my truck. Inside,outside, under the hood everything. nobody asked me. When one of them finally came back to the cop car and opened the door to put the cuffs on me for transportation I asked him what they were doing and he said ''Taking invertory'' Is this right?

please help


Asked on 3/24/01, 4:49 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Why Searched?

Law enforcement has the right to conduct an "inventory search" of any vehicle they have a lawful right to impound. The theory is that they need to know what is in the vehicle to protect the items from theft or a charge of theft after the owner retakes possession.

Of course they always use that as an excuse to see if there are drugs, firearms or contraband in the vehicle.

Focus on the arrest. What reason did they have for stopping you in the first place? If that doesn't stand up, anything illegal discovered in the search won't either.

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Answered on 5/30/01, 10:55 am


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