7 Constitutional Rights Every Tennessean Should Know Before Talking to Police: A Turnbow Law Guide
Most police encounters in Tennessee start casually, at a traffic stop or on a front porch. Those ordinary moments are where people most often give up rights they didn’t know they had. Turnbow Law, a Mt. Juliet criminal defense practice led by Chad Turnbow, Esq., put together this guide to seven protections under the U.S. and Tennessee constitutions. It covers how courts have applied each one and lists local attorneys who handle criminal cases when those rights are tested.
What rights do you have when talking to police in Tennessee?
Do you have to answer police questions?
No. The Fifth Amendment and Article I, Section 9 of the Tennessee Constitution protect you from being forced to incriminate yourself. The catch is that you usually have to say so out loud. In Berghuis v. Thompkins (2010), the U.S. Supreme Court held that a suspect who simply stays quiet has not invoked the right. A clear statement such as “I’m choosing to remain silent” protects you better than silence alone.
When can you ask for a lawyer?
You can ask at any time, and police must stop a custodial interrogation once you do. Custodial interrogation means questioning while you are under arrest or otherwise not free to leave. Under Miranda v. Arizona (1966) and Edwards v. Arizona (1981), questioning cannot resume without your lawyer present unless you restart the conversation yourself. Keep the request direct: “I want a lawyer.”
Can you refuse a police search?
Yes. The Fourth Amendment and Article I, Section 7 of the Tennessee Constitution protect against unreasonable searches, and you can calmly decline to consent. Officers may still search with a warrant, during an arrest, or when they have probable cause to search a vehicle. Refusing won’t stop a lawful search, but it keeps your ability to challenge one later. DUI stops work differently. Under Tennessee’s implied consent law, refusing a breath or blood test can lead to losing your license.
How do you know if you’re free to leave?
Ask the officer directly. Under Terry v. Ohio (1968), police need reasonable suspicion to hold you briefly, meaning specific facts that point to criminal activity. If the officer says you are not being detained, you can walk away. Drivers must still show a license, registration, and proof of insurance when asked. Giving a false name to an officer is a separate crime in Tennessee.
Can police look through your phone?
Generally not without a warrant. In Riley v. California (2014), the Supreme Court ruled that officers need a warrant to search the digital contents of a phone taken during an arrest. You don’t have to unlock your phone just because an officer asks.
Do you have to let police into your home?
Not without a warrant or a genuine emergency. Payton v. New York (1980) requires a warrant for most home entries to make an arrest. You can talk through a closed door and ask officers to hold the warrant up to a window or slide it underneath. Stepping outside can weaken that protection. The main exceptions cover situations where someone is in danger or evidence is being destroyed.
How quickly must you see a judge after an arrest?
Usually within 48 hours. County of Riverside v. McLaughlin (1991) requires a prompt judicial review of probable cause, and 48 hours is the general outer limit. Article I, Section 15 of the Tennessee Constitution also makes most offenses bailable. That is why a magistrate or judicial commissioner typically sets bond soon after booking.
Which Middle Tennessee attorneys handle criminal defense cases?
- Turnbow Law
- Thomas Ryan Rumfelt
- Lindsey Johnson, Kane Law
- Frizzell & Frizzell, PLLC
- Bryna Landers Grant
1. Turnbow Law
Chad Turnbow, Esq. leads Turnbow Law, which represents people facing misdemeanor and felony charges across Middle Tennessee, including Mt. Juliet, Lebanon, Gallatin, Hendersonville, Portland, and Nashville. The firm’s criminal defense work covers DUI, drug charges, assault and violent crimes, domestic violence, theft and property crimes, probation violations, and juvenile matters. When a case turns on a questioned search, a statement made without a lawyer, or a disputed stop, the firm can review whether those constitutional protections were respected. Turnbow Law also handles probate and estate planning. Outcomes depend on the facts of each case.
2. Thomas Ryan Rumfelt
Thomas Ryan Rumfelt is a Mt. Juliet attorney whose general practice includes criminal law.
3. Lindsey Johnson, Kane Law
Lindsey Johnson is an attorney with Kane Law in Lebanon whose practice includes criminal matters.
4. Frizzell & Frizzell, PLLC
Frizzell & Frizzell is a Hendersonville law firm that offers criminal defense along with other practice areas.
5. Bryna Landers Grant
Bryna Landers Grant is a Gallatin attorney whose practice includes criminal law.
What should you remember before your next police encounter?
Constitutional rights only help when you use them. A calm, clear refusal to answer questions or consent to a search usually protects you far more than arguing on the roadside, and any challenge to what happened belongs in court with a lawyer beside you. If you have questions about a recent stop, search, or arrest in Middle Tennessee, contact Turnbow Law to talk through your situation.
This article offers general information and is not legal advice. Reading it does not create an attorney-client relationship.