In Tennessee, as well as any other state around the country, it’s  common knowledge that law enforcement has the authority to stop a motorist engaged in a traffic violation. And subsequent to such a stop, some motorists may find themselves temporarily detained by a police officer during a traffic violation stop for reasons of reasonable suspicion or probable cause. The issue then becomes how long can the police officer detain a motorist, and what kinds of questions can be asked beyond the scope of the initial reason for the stop before a person’s Fourth Amendment rights as well as Article I, Section 7 of the Tennessee Constitution rights are violated?

State of Tennessee v. Ricky J. Jones & Shane Eugene McClanahan, a case the Criminal Court of Appeals of Tennessee heard and ruled upon, clarified the scope and limits of an investigatory stop by law enforcement in Tennessee

The facts of the case are a Smith County Sheriff’s Deputy Michael J. Agee (Deputy) observed Shane McClanahan (Defendant) in a convenience store.  The Deputy testified he walked by the defendant “almost brushing distance” and smelled marijuana on his person. The Deputy stated that he was familiar with the odor of marijuana because of his work as a K-9 handler for the Smith County and DeKalb County Sheriff’s Departments as well as his work as a patrol deputy.

The Deputy did not immediately stop to speak to the defendant in the store.  Instead, he spoke to store clerks while the defendant left, entered his car, and drove away.  The Deputy then followed the defendant for nearly a mile over the county line in Trousdale County, during which time the defendant did not commit a traffic violation or exhibit impaired driving per the Deputy’s testimony.

Based solely on the Deputy purporting to detect the odor of marijuana in the convenience store, he stopped the defendant’s car, searched the car without a warrant, found marijuana in a tackle box and placed the defendant under arrest for drug possession. The Defendant was subsequently indicted with possession of not less than one-half ounce nor more than ten pounds of marijuana with the intent to sell or deliver, driving while under the influence of marijuana, and possession of drug paraphernalia.

The Defendant filed a motion to suppress the evidence recovered in his car. Following an evidentiary hearing, the trial court granted the Defendant’s motion to suppress the evidence finding that the alleged odor of marijuana at the convience store did not justify the Deputy’s delay in following the Defendant almost a mile before making a traffic stop in leu of questioning him immediately at the store. Accordingly, the trial court dismissed the indictment.

The State appealed the trial court’s ruling arguing that it erred in granting the Defendent’s suppression motion and in dismissing his cases. Upon review, the Criminal Court of Appeals affirmed the trial court’s decision.

The Appellate Court reasoned that the Deputy may have been justified in stopping the defendant “swiftly,” at the store, and conducting a brief investigation to determine whether he possessed marijuana. However, the Court further stated it was unreasonable for the Deputy to wait until the defendant had gotten in his car and driven nearly a mile down the road before initiating the investigatory stop.  The Court further stated that the traffic stop was “significantly more intrusive that a seizure and search of the defendant’s person at the store would have been.”

If you feel your liberties have been infringed upon by a warrantless vehicle search from a traffic stop where you did not committed any traffic violations, you should immediately seek the services of an experienced criminal defense lawyer. Attorney Donna Wagner has a vast amount of criminal defense experience arguing a myriad of criminal cases before Tennessee courts. Contact Mrs. Wagner to schedule a consultation.

Real-life results

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“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.

From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.

Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.

Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.

This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.

Kate Wade

Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!

Nunya Buzness

Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!

Katrina Davis

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.

Diana M.
Mt Juliet Law Firm
Mt. Juliet Attorney

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