{"id":19486,"date":"2015-11-09T01:45:56","date_gmt":"2015-11-09T06:45:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19486"},"modified":"2015-11-08T13:47:25","modified_gmt":"2015-11-08T18:47:25","slug":"tn-a-driver-is-not-required-to-drive-perfectly-on-the-highways-in-order-to-avoid-being-stopped-by-police-and-subjected-to-a-seizure","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19486","title":{"rendered":"TN:  \u201ca driver is not required to drive perfectly on the highways in order to avoid being stopped by police and subjected to a seizure.\u201d"},"content":{"rendered":"<p>Weaving within one\u2019s lane, touching the center line once, crossing it once, turning wide, and driving five mph below the speed limit is not reasonable suspicion. A motorist doesn\u2019t have to drive perfectly to avoid a stop. Case law supports that \u201ca driver is not required to drive perfectly on the highways in order to avoid being stopped by police and subjected to a seizure.\u201d <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/seagravesroyopn.pdf\">State v. Seagraves<\/a>, 2015 Tenn. Crim. App. LEXIS 888 (Nov. 5, 2015).*<\/p>\n<p>Defendant showed enough of a factual basis on the question of reasonable suspicion that he gets a hearing on his motion to suppress. United States v. Kash, 2015 U.S. Dist. LEXIS 149997 (E.D.Cal. Nov. 3, 2015).*<\/p>\n<p>\u201cMcMurray spends a great deal of time arguing about the strength of the motion to suppress, and the Court commends his efforts and acknowledges the competency of McMurray&#8217;s Fourth Amendment legal analysis. &#8230; Despite his firm belief in the motion&#8217;s strength, McMurray has not carried his significant burden under Strickland to show that the motion&#8217;s likelihood of success was so strong that abandoning it in favor of the plea deal was objectively unreasonable.\u201d United States v. McMurray, 2015 U.S. Dist. LEXIS 149848 (D.Ore. Oct. 31, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Weaving within one\u2019s lane, touching the center line once, crossing it once, turning wide, and driving five mph below the speed limit is not reasonable suspicion. A motorist doesn\u2019t have to drive perfectly to avoid a stop. Case law supports &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19486\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,35],"tags":[],"class_list":["post-19486","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19486","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19486"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19486\/revisions"}],"predecessor-version":[{"id":19487,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19486\/revisions\/19487"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19486"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19486"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19486"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}