Tennessee USLegal Guide to Unlawful Detention

State:
Multi-State
Control #:
US-GDE-01
Format:
Word; 
Rich Text
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Description

This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.

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§ 11-401 DISTURBING THE PEACE. No person shall disturb, tend to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or her or under his or her code.

Conduct, such as yelling or cursing, which is merely loud, belligerent, or annoying is insufficient to sustain a conviction for disorderly conduct / breach of peace. Source: Miller v. State, 780 So. 2d 197 (Fla.

False Imprisonment. A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. False imprisonment is a Class A misdemeanor.

Possible Penalties for a Kidnapping Conviction Kidnapping = Three to 15 years in state prison and a $10,000 fine. Aggravated kidnapping = Eight to 30 years in state prison and a $25,000 fine. Especially aggravated kidnapping = 15 to 60 years in state prison and a $50,000 fine.

Section 39-17-310 - Public intoxication (a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment ...

You may be arrested and charged if you verbally disagree with a family member, punch a vehicle, or curse loudly in public.

Tennessee prohibits both indecent exposure and public indecency, essentially prohibiting sexual activity in public, public nudity, and genital exposure to adults or children for sexual gratification.

(1) Notwithstanding the provisions of subsection (a) to the contrary, a person convicted of a violation of §§ 39-14-103 or 39-14-104 where the value of the property or service obtained is five hundred dollars ($500) or less shall be required to serve the entire eleven (11) month and twenty-nine (29) day sentence for a ...

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Tennessee USLegal Guide to Unlawful Detention