This is a motion to suppress evidence seized during a traffic stop. The issue is whether the defendant gave a valid consent to search. I am urging the court to adopt the rule from Ohio v. Robinette, 653 N.E. 2d 695 that requires the police to inform the detainee that "You are free to go" prior to asking for permission to search either the person or the vehicle.
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Constitutional Law Updates, Criminal Law Updates
Legal Memoranda: Pre-Trial Motions |
State, 6th Circuit, Tennessee |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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