Law enforcement is a tangled, complicated topic — these days more than ever. Those meant to serve and protect don’t always seem to do so, which is understandably worrying to the citizens around them. When we think of justice, we want to associate that word with fairness. That’s what it should be. Righting wrongs and preventing further harm to the community is the entire point of the legal system.
In theory. It is an unfortunate fact that certain tactics being used by some officers today seem not only unfair, but downright unethical and wrong. People are getting punished based off suspicion and a violation of their privacy. How do you protect yourself when such a thing is legal?
The legality of automatic license plate readers
Police charged a man with several drug crimes after automatic license plate readers flagged and reported his vehicle, right here in Tennessee. Regardless of what illegal substances he had with him at the time, this still shines a light on the larger issue — the readers themselves. They have been here since 2020 and have been controversial ever since. In essence, they are cameras that sit at city borders and scan each car that passes through, identifying vehicles listed as stolen or carrying suspects.
Residents, it seems, have never liked them. They are an extra set of eyes from Big Brother, trying to see things they have no right to see. Law enforcement makes no secret of this either, confirming that the point is to, “…address…situations before they have the opportunity to victimize citizens.” They wave away the privacy concerns, barely addressing them, and assert that because their goal is protection, their tactics are correct. To them, since the cameras are not used for traffic enforcement, citations, or tracking individuals’ movements, there are no other possible issues worth considering.
Make no mistake: this is a system based off of assumption. If your vehicle is flagged, any officer assigned to confront you will already believe you are guilty of a crime, and that bias can affect how you are treated and even what you are charged with.
According to Tennessee law, automatic license plate readers are indeed allowed and legal, no matter the controversy and outcry surrounding the issue. Some states do outlaw them, but as of right now, our state only offers the following condition for its use: “any captured automatic license plate data collected by a government entity may not be stored for more than 90 days unless they are part of an ongoing investigation, and in that case provides for data to be destroyed after the conclusion of the investigation.”
For better or worse, this means the system is likely to stay. Citizens who could fall victim to it should know how to protect themselves if it happens, especially if they have reason to believe they may be wanted by law enforcement for any reason. It won’t count as entrapment. It won’t be inadmissible due to privacy violations. It is a real danger you want to take seriously.
How to protect yourself from biased charges
No matter how you came to be charged with a crime, it can be a terrifying and isolating event. With the technology of automated license plate readers, people now run the risk of being caught completely off-guard with a life-altering arrest. We previously mentioned the young man who was charged here in the state thanks to the technology, but let us delve a bit deeper into the consequences he — and those like him — could face.
Specifically, let’s look at crimes relating to drugs and other illegal substances. Not only are they common charges simply because of how many possible infractions there are, but they also carry significant consequences with lifelong ramifications if convicted. When it comes to drug crimes in Tennessee, the penalties depend on the following factors:
- The schedule of drug involved (referring to its level of severity and illegality)
- The quantity of the drug
- The purpose of its possession (personal use vs. selling)
First offenders of simple possession — or less than half an ounce — usually face about a year in jail and fines up to $2,500. This is, to put it bluntly, as good as it gets, which is exactly why you need an attorney’s help. Once the quantity increases, so does the crime from misdemeanor to felony, and potential jail time from one year to 30. Those convicted of some sort of drug crime also face collateral consequences, which are not court-related but can still be devastating. For example, you may have difficulties finding a job, qualifying for loans, getting student financial aid, or possessing a firearm — and that is not a comprehensive list. When people see you have been convicted of a crime, they stop caring about your side of the story.
The best thing you can do for yourself, regardless of how you came to be charged with a drug-related crime, is to secure trustworthy, aggressive legal representation as quickly as possible. Your criminal defense attorney should get started on building your case immediately to make it as strong as possible, which they cannot do before they are hired. You’re going to want that strength when so much is on the line.
At Shepherd & Long, our Maryville drug crime defense attorneys understand what’s at stake and we take it as seriously as you do. Even if your charges cannot be entirely dismissed, we work tirelessly for lessened sentences and alternative programs (such as a drug addiction treatment) so you keep as much of your freedom as absolutely possible. We are here for you throughout East Tennessee and Blount County. For more information, call us today at 865-383-3118 or use our contact form.