Monday, December 17, 2012

Nashville DUI Roadblocks and the 4th Amendment

So how can the State of Tennessee set up a DUI Road block? Well they can, it all flows from the Supreme Court of the United States decision in Michigan v. Sitz. A Nashville Tennessee DUI Road Block is on it's face a violation of the 4th Amendment, however there are exceptions to the violation that the Supreme Court has recognized and so followed by our Tennessee Supreme Court in State v. Downey.

It is understood that the 4th Amendment provides protection from seizures, (ie being pulled over by the police), as such the police have to have probable cause to believe that you committed a traffic violation or articulable suspicion to stop you as a motorist.

In Michigan v. Sitz the Supreme Court of the United States held that a DUI Road block does not violate the 4th Amendment as long as certain requirements are met. So what are the requirements that the DUI Road Block must meet?

(1) The gravity of the public concerns served by the seizure (2) The degree by which the seizure advances the public interest (3) The severity of the interference with public liberty

The Tennessee Supreme Court used this case law from the Supreme Court of the United States to decide the case of State v. Downey, in Downey the Court stated the three part test to determine the Constitutionality of the Tennessee DUI Road Blocks. OK so how do they really apply here in Tennessee DUI Road Blocks?

(1) They must show a state interest that is so compelling that it allows an intrusion into your 4th Amendment rights to be free from unwarranted seizures, well the state did find a reason to justify the intrusion, and it was preventing Tennessee DUI under the right circumstances, ie the gravity of public concern in preventing Tennessee DUI. (2) Does the Tennessee DUI Road Blocks work, ie, is it an effective tool, not just some random ineffective procedure. The court used statistics from prior cases to show effectiveness in this technique of preventing Tennessee DUI. (3) Make the interference with your liberty minimal as possible.

This is accomplished in a Nashville Tennessee DUI Road Blocks by setting out guidelines that each Road block must follow. These guidelines are things like adequate warnings, length and nature of each detention they make, (meaning how long they hold each car). Safety of Nashville Tennessee DUI Road Blocks, and stopping both directions of traffic.

Posted by Daniel L. McMurtry

Marriage License Search Records

A marriage license record is an official document that is signed by the bride, groom and the person who officiated the marriage. Without the license, a couple cannot be legally married. Having this document can prove that the couple was married legally in the eyes of the government. There are often three copies of a marriage license; one copy is given to the couple to keep for their own personal records, one copy is kept by the officiator of the marriage and one is held by the local government.

If you are looking to do a marriage license search, there are many ways to go about doing so. Now a day's many people are using the Internet to search for vital records including marriage licenses. There are many reasons why someone would need to obtain such a document. You can get so much information from doing a search and most places online will have accurate information because they get it from government agencies.

Here are some reasons why you would want to do a search. To see whom you are related to through a marriage. To learn more about your parents' past history and whether there was a past marriage or not. To find out if your significant other has a past marriage that your are unaware of. To find out more about your ethnic background. To prove the age of someone you know or a potential employee. These are just the most popular reasons for obtaining marriage license records. The reasons for doing such a search could be endless.

There are many things you can learn from doing a marriage license search. Here are the things that are on a license that you may need or want to know. You will learn if you do not already know the bride and groom's full names. The bride and groom's birth dates. The names of the bride and groom's parents will be listed. The name and the address of the officiate of the marriage. The address of the couple at the time of the marriage will also be on the license. Also any previous marriages will also be listed on a marriage license.

If you are doing a marriage search where the couple were of the same sex, you could be in for a long and drawn out search. In America, less than half of the fifty states recognize legal marriages of the same sex. Some states recognize same sex marriages as equal to opposite sex marriages when it comes to rights but the marriages are not looked at as legal unions. Therefore when doing a same sex marriage license search, you should be prepared to have a hard time finding the information you are looking for.

To see which site I recommend for marriage license searches, please click on the link below.


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