Tennessee has a “must cite” statute, that misdemeanor arrestees are presumptive cited and released. That, however, doesn’t govern the Fourth Amendment under Virginia v. Moore. United States v. Chol, 2019 U.S. Dist. LEXIS 129565 (M.D. Tenn. Aug. 2, 2019).
The stop was with reasonable suspicion because officers reasonably believed he was wanted on an arrest warrant. The officers were not obligated to pursue consent first. “Prior to the determination that [the wanted man] was not in the vehicle, the officers were presented with evidence that the individuals in the vehicle were involved in criminal activity”: the smell of marijuana. United States v. Tillman, 2019 U.S. Dist. LEXIS 129920 (W.D. Mo. Aug. 4, 2019),*
Defendant’s traffic stop was justified, and then the officer smelled marijuana, and that justified continuing the stop. United States v. Moody, 2019 U.S. Dist. LEXIS 127999 (E.D. Va. July 31, 2019).*