TO: All Police Departments
FROM: James N. Ramsey,
District Attorney General
RE: Traffic Stops - Case Law Now Requires More Reasons for A
Stop and Police Car Videos are Used to Impeach Officers
DATE: May 30, 2002
1). Testimony that a car was "weaving in the road" used to be sufficient for a traffic stop for possible DUI.
2). An officer's testimony if believed by a trial judge used to be sufficient to overcome a motion to suppress.
1) and (2) are no longer true in Tennessee because of opinions in our appellate courts.
1). The appellate courts have decided that people can't be expected to drive perfectly so a little weaving within a proper lane doesn't justify a stop. Solution: Follow the suspicious driver who is weaving; observe everything and record your observations. Look for a clear violation of law - driving on shoulder, driving in wrong lane, exceeding the speed limit. This last violation is the most common and will always justify a stop even if driver is only 4 or 5 miles over and you wouldn't normally stop anyone for going 4 or 5 miles over the limit and do charge the speeding as well as DUI.
2). If you have a video camera in your vehicle be aware that the appellate courts will believe only what they see on the video. Cameras do not pick up everything because of angles, lighting, poor video quality etc. But the testimony of an officer (who has a videotape in car) will be discounted by an appellate court (even if the trial judge believes the officer) about something not visible to them on the videotape, the appellate court will choose the video as accurate and assume your testimony is wrong.
If you do not have a video camera in your car, the courts will rely on your testimony which should be as detailed as possible.
JAMES N. RAMSEY
District Attorney General
References:
