New Tennessee law intended to protect due process
A new law in Tennessee that takes effect Jan. 1, 2014, is supposed to do away with an unfair practice to truckers and others traveling through the state. Gov. Bill Haslam signed into law a bill that is intended to rein in civil asset forfeiture. The practice allows police to take cash, or property, from people pulled over along roadsides without charging them with a crime.
New Tennessee law intended to protect due process
Discussion in 'Truckers News' started by EZX1100, May 24, 2013.
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That still presents problems as they said you will go before a judge immediately and will be able to present evidence to support your case.
If the person is from out of state and their evidence is at home or their business it seems to me they are still out of luck.
How about amending the law saying the law must have proof instead of suspicions?
We have suspicions Gov. Haslam that you have been ripping off truckers. How about we take all your assets until you prove otherwise? We'll take you immediately in front of a judge without a chance to gather evidence.Gasienica, Roadmedic and driverdriver Thank this. -
Last edited: May 24, 2013
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Question 1: My vehicle/money/other property has been seized by my local law enforcement agency. Who do I call?
A: Look at the Notice of Seizure you should have been given. If the vehicle/money/other property has been seized due to narcotic drugs, driving under the influence, or driving on a license revoked due to driving under the influence, then you need to call the Tennessee Department of Safety. If it has been seized due to gambling or any other reason, you need to call your local law enforcement agency.
I do not know if outside travelers have had problems with seizures by law enforcement.....but I have lived here 2 years and have never heard of a seizure where there was no criminal charge levied against people when their property was seized. Tn is the number 1 state for Meth......that I have heard quite clearly. -
Based on this attorneys web page, I am guessing truckers that were driving DUI may have had their truck seized...............would be my guess...drug offenders tend to lose their cars.
Seizure of a Vehicle
Many Tennesseans each year are subjected to the misfortune of having their vehicles seized by law enforcement, usually in connection with a DUI or drug-related offense. In addition to the two aforementioned offenses, the Tennessee Code designates a number of other offenses which can authorize law enforcement to seize someone's car including transportation of contraband, driving on a revoked license, arson, etc. Although the Tennessee Code states that vehicle seizure is remedial (concerned with behavior-correction) rather than punitive, seizure of a vehicle certainly feels like a punishment for defendants whose cars are taken away and sold to someone else. -
I don't know that I'd trust anything a Haslam has to say these days.
Roadmedic Thanks this.
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