Tennessee Code Annotated sections 40-7-118 & 55-10-207(f) provide that when an officer observes the commission of certain misdemeanors, such as a violation of the driver’s-license and proof-of-insurance laws, the officer is required to cite and release the misdemeanant in lieu of effecting a custodial arrest. T.C.A. §§ 40-7-118(b)(1) (2003), 55-10-207(f) (Supp. 2003). Accordingly, the Tennessee ‘cite and release’ statute creates a presumptive right to be cited and released for the commission of a misdemeanor.” State v. Walker, 12 S.W.3d 460, 464 (Tenn. 2000). A custodial arrest in violation of the “cite and release” statute constitutes a violation of the right against an unreasonable search and seizure. See id. at 467. Therefore, a law enforcement officer making a valid traffic stop must not prolong the stop for longer than necessary to process the traffic violation without having some reasonable suspicion of other criminal activity sufficient to warrant prolonging the stop.
Posted on: Mon, 23 Jun 2014 08:59:32 +0000