Tuesday, May 15, 2012

DUI Search Warrants are permitted again!

Public Chapter 892 was signed by Governor Haslem on March 9th. It went into effect immediately. Search warrants are now permitted in DUI cases.
Search Warrants were effectively banned by a 1998 Attorney General Opinion (Number 98-154), which was reaffirmed by another A.G. opinion (10-01), due to language in the Implied Consent law that said that if a person refused a test none would be given.
The new Public Chapter establishes that none will be given unless required by TCA 55-10-406 (f), a search warrant or a court order.
This law will open the door to Tennessee participating in NO REFUSAL WEEKENDS. This makes Tennessee the 33rd State to permit the use of search warrants in DUI cases.

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