Introduction

For decades in Tennessee, police officers often relied on one thing to search a vehicle without a warrant:

👉 the smell of marijuana.

But Tennessee courts are now recognizing something important:

Legal hemp and illegal marijuana smell the same.

And that has changed the legal analysis surrounding probable cause searches in Tennessee.

A major Tennessee case —
State v. Andre JuJuan Lee Green — is now reshaping how these searches are analyzed.

The Old Rule

For years, many officers and courts treated the odor of marijuana as automatic probable cause to search a vehicle.

In other words:

Smell marijuana = search the car

That was the practical reality in many traffic stops.

What Changed?

Tennessee legalized hemp.

The problem?

👉 Hemp and marijuana smell virtually identical.

That means officers — and drug dogs — often cannot tell the difference between:

• legal hemp
• illegal marijuana

This created a major constitutional issue involving the
Fourth Amendment to the United States Constitution

The Green Case

In
State v. Andre JuJuan Lee Green, the Tennessee Supreme Court addressed this exact issue.

The case involved:

• a traffic stop
• a drug-sniffing dog alert
• a warrantless vehicle search

The defense argued that the canine alert was unreliable because the dog could not distinguish between legal hemp and illegal marijuana.

The Important Part Most People Miss

The Tennessee Supreme Court did NOT say:

“The smell of marijuana automatically creates probable cause.”

That’s the key shift.

Instead, the Court said courts must examine:

👉 the totality of the circumstances.

What “Totality of the Circumstances” Means

It means odor alone is no longer treated as an automatic green light for a search.

Instead, courts now look at:

• the odor
• the driver’s behavior
• statements made
• visible evidence
• other suspicious factors

The smell may still contribute to probable cause — but it is no longer as simple as:

“I smelled marijuana, therefore I searched.”

Why This Matters

This is a major issue in Tennessee criminal defense law because many cases begin with:

• a traffic stop
• an alleged odor
• a vehicle search

And those searches often lead to:

• drug charges
• firearm charges
• DUI investigations

The Reality of Traffic Stops

Here’s the practical problem:

Odor is subjective.

There is:

• no recording of smell
• no scientific measurement roadside
• no easy way to challenge it in the moment

That’s why these cases are heavily litigated.

What You Should Do During a Traffic Stop

If police ask to search your car:

Say:

“I do not consent to any searches.”

Then stop talking.

Do NOT:

• argue roadside
• admit to marijuana use
• try to explain

Because your statements may become part of the “totality of the circumstances.”

Why This Case Is Important Going Forward

The Green case makes one thing clear:

👉 Tennessee is moving away from treating marijuana odor as automatic probable cause by itself.

Instead, courts are now required to analyze the full picture.

That distinction matters enormously in criminal defense cases.

The Bottom Line

• The smell of marijuana is no longer as automatic as it once was
• Hemp legalization changed the analysis
• Courts must now consider the totality of the circumstances
• Vehicle searches can still be challenged

Your safest move during a stop:

“I do not consent to any searches.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If your vehicle was searched after a traffic stop:

👉 Don’t talk. Call 1-888-DRJUDGE

Search-and-seizure law in Tennessee is changing quickly — and your rights matter.

Introduction

You’re pulled over.

The officer asks you to take a breath test.

What happens if you refuse?

Many people believe refusing a breathalyzer protects them.

In Tennessee, that decision comes with serious consequences — and recent changes have made it even more important to understand.

The Short Answer

If you refuse a breath test in Tennessee, you can face penalties under the state’s
implied consent law

This is separate from the DUI charge itself.

What Is Implied Consent?

By driving in Tennessee, you are considered to have agreed to chemical testing if lawfully arrested for DUI.

That includes:

• breath tests
• blood tests

Refusing can trigger automatic consequences.

The Penalties for Refusal

Depending on the situation, refusal can result in:

👉 License suspension (up to 18 months in some cases)

This can happen:

• even if you are not convicted of DUI
• even if the DUI charge is dismissed

The Law Has Changed

Recent changes to Tennessee law have made implied consent penalties more serious.

One of the biggest shifts:

👉 longer license revocation periods — including up to 18 months

This is a significant increase that affects:

• your ability to drive
• your job
• your daily life

The Closed Loophole: Search Warrants

There used to be legal arguments — based on prior case law — that could help drivers in certain situations.

For example:

If a driver refused a breath test, but officers later obtained a search warrant and drew blood anyway, there were arguments that the implied consent violation might not apply.

That argument is no longer reliable.

The Legislature Closed the Gap

Tennessee lawmakers have made it clear:

Even if:

• you initially refuse
• officers get a warrant
• you ultimately submit to a blood draw

👉 You can still face implied consent penalties

That closes a loophole that previously existed in some cases.

What Happens After You Refuse?

If you refuse:

• you may be charged with implied consent violation
• your license may be suspended
• the refusal can be used against you in court

At the same time:

• there is no breath test result
• the State must rely on other evidence

The Biggest Mistake People Make

They think refusing is a “safe” option.

The truth is:

👉 It’s a legal decision with trade-offs

And those trade-offs have become more serious under current law.

What You Should Do During a DUI Stop

Every case is different, but one thing remains constant:

👉 Do not try to talk your way out of it

Say:

“I don’t answer questions.”

Then request a lawyer.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, DUI enforcement is aggressive, and implied consent violations are pursued regularly.

Understanding how these laws work is critical before making decisions on the roadside.

The Bottom Line

• Refusing a breathalyzer carries serious consequences
• Penalties have increased under Tennessee law
• Old legal defenses may no longer apply
• Every situation is different

Your safest move:

👉 Don’t talk. Call a lawyer immediately

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been charged with DUI or refused a breath test:

👉 Don’t talk. Call 1-888-DRJUDGE

The law has changed — make sure your defense strategy has too.

Introduction

Police want to talk.

They say:

“We just want to hear your side.”
“This is your chance to clear things up.”

So the question is:

👉 Should you talk to the police before hiring a lawyer?

The answer is simple — but most people get it wrong.

The Short Answer

No — you should not talk to the police before speaking with a lawyer.

You have the right to remain silent under the
Fifth Amendment to the United States Constitution

And that right exists for a reason.

Why Police Want You to Talk

Police are trained to gather evidence.

One of the most effective ways to do that is:

👉 getting you to talk

They may say:

• “We already know everything”
• “This will help you”
• “We’re trying to help you out”

But their job is not to clear your name.

Their job is to build a case.

The Biggest Misconception

People believe:

“If I just explain what happened, they’ll understand.”

That’s not how it works.

Even truthful statements can:

• place you at the scene
• create inconsistencies
• support probable cause
• strengthen the case against you

Talking Rarely Helps — But Often Hurts

Most criminal cases are built on:

• statements
• admissions
• inconsistencies

And those come from one place:

👉 the person talking

What Happens If You Stay Silent?

If you assert your rights:

• you preserve your defense
• you limit the evidence against you
• you give your lawyer room to work

Silence is not weakness.

It is strategy.

What You Should Say

If police want to talk to you, say:

“I don’t answer questions.”

Then say:

“I want a lawyer.”

Then stop talking.

What NOT to Do

Do NOT:

• try to “clear things up”
• explain your side
• answer “just a few questions”
• believe you can talk your way out

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, many cases are built almost entirely on statements made:

• at the scene
• during interviews
• before a lawyer is involved

Once those statements are made:

👉 they are very difficult to undo

The Reality

You don’t talk your way out of criminal cases.

But you can absolutely talk your way into one.

The Bottom Line

• You have the right to remain silent
• Talking to police before a lawyer is risky
• Silence protects you

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If police want to talk to you:

👉 Don’t talk. Call 1-888-DRJUDGE

What you say today can decide your case tomorrow.

Introduction

You’ve been arrested, bonded out, and now you have a court date.

The question almost everyone asks is:

“What happens at my first court date?”

If you’ve never been through the system before, walking into court can feel overwhelming.

Knowing what to expect helps — and it can protect your case.

The Short Answer

Your first court date is usually not your trial.

In most criminal cases, the first appearance is about:

• confirming the charge
• advising you of your rights
• setting the next court date
• discussing bond, counsel, or conditions of release

It is often called:

• arraignment
• first appearance
• setting docket
• preliminary hearing (depending on the case and court)

What Happens in General Sessions Court

In Nashville and throughout Davidson County, Tennessee, many misdemeanor and felony cases begin in General Sessions Court.

At that first date, the court may address:

• whether you have a lawyer
• whether bond conditions need to change
• whether discovery is being requested
• whether the case will be continued
• whether there is a need for a preliminary hearing

Most cases do NOT resolve on the first day.

If It’s a DUI Case

Your first date may involve:

• reviewing the charge
• discussing discovery (bodycam, reports, test results)
• scheduling future hearings
• protecting your license issues

The real defense work usually happens after the first appearance.

If It’s a Domestic Assault Case

Domestic cases may involve:

• bond conditions
• no-contact orders
• orders of protection
• victim participation issues

These cases can become complicated quickly.

If It’s a Felony Case

Felony cases often involve:

👉 a preliminary hearing

This is where the State must show probable cause that a crime was committed and that you are the person charged.

This stage can be critical for defense strategy.

What You Should NOT Do

Do NOT:

• show up late
• talk about your case in the hallway
• contact witnesses improperly
• assume “explaining it to the judge” will fix things

Court is not the place to freestyle your defense.

The Biggest Mistake People Make

They wait too long to hire a lawyer.

People think:

“I’ll just see what happens at court first”

That’s backwards.

The best time to prepare your defense is before the first court date.

What You Should Do Instead

Before court:

1. Know your date and time
2. Dress appropriately
3. Arrive early
4. Bring paperwork
5. Most importantly:

👉 Talk to a criminal defense lawyer

Why This Matters

What happens early in a criminal case affects everything later:

• bond conditions
• evidence preservation
• witness issues
• defense strategy
• plea leverage

Early mistakes are expensive.

The Bottom Line

Your first court date is about positioning your case — not finishing it.

And what you do before that date often matters more than what happens inside the courtroom.

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been charged and have a court date coming:

👉 Don’t walk in unprepared. Call 1-888-DRJUDGE

The first move in your case often matters the most.

Introduction

Most people believe police need a warrant to arrest you.

That’s not always true.

In fact, many arrests in Tennessee happen without a warrant — and they are completely legal.

So when can police arrest you without a warrant?

The Short Answer

Yes — police can arrest you without a warrant in many situations.

Under Tennessee Code Annotated 40-7-103, officers are allowed to make warrantless arrests under certain conditions.

When Police Can Arrest You Without a Warrant

🚓 1. Crime Committed in the Officer’s Presence

If an officer sees you commit a crime:

👉 they can arrest you immediately

Examples:

• DUI
• assault
• theft
• disorderly conduct

🔍 2. Probable Cause of a Crime

If officers have probable cause to believe you committed a crime:

👉 they can arrest you without a warrant

This is tied to the
Fourth Amendment to the United States Constitution

Probable cause can come from:

• witness statements
• physical evidence
• officer observations
• admissions

🚨 3. Domestic Assault Cases

In Tennessee, officers can make a warrantless arrest in domestic assault cases based on probable cause — even if:

• the alleged victim does not want to press charges

These cases are treated differently due to safety concerns.

🏃 4. Exigent Circumstances

If there is an emergency or risk of harm, officers may act quickly without a warrant.

When a Warrant IS Required

Police typically need a warrant when:

• the offense did not occur in their presence
• there is no immediate probable cause
• the situation is not urgent

In those cases, officers may:

• investigate
• present evidence to a judge
• obtain an arrest warrant

The Biggest Misconception

People think:

“No warrant = illegal arrest”

That’s not correct.

Many lawful arrests happen without warrants every day.

What Matters More Than the Warrant

Whether the arrest is valid often comes down to:

👉 probable cause

Not whether a warrant was issued first.

The Biggest Mistake People Make

When they realize they’re being arrested, they:

• argue
• explain
• try to “fix it”

That almost always makes things worse.

What You Should Do Instead

If you are being arrested:

1. Stay calm
2. Do NOT resist
3. Say:

“I don’t answer questions.”

4. Ask for a lawyer

Then stop talking.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, warrantless arrests are common in cases involving:

• DUI
• domestic assault
• drug offenses
• public incidents

Understanding how and why these arrests happen is critical.

The Bottom Line

• Police can arrest you without a warrant in many situations
• Probable cause is the key factor
• Arguing at the scene will not help

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been arrested or are under investigation:

👉 Don’t talk. Call 1-888-DRJUDGE

What happens after the arrest is where your case is won or lost.

Introduction

Police are at your door.

They knock… and then they start asking questions.

Can they come inside without a warrant?

This is one of the most important rights you have — and one of the most misunderstood.

The Short Answer

No — police generally cannot enter your home without a warrant.

Your home is protected under the
Fourth Amendment to the United States Constitution

Courts give your home the highest level of protection.

The Biggest Exception: Consent

The most common way police enter a home without a warrant is simple:

👉 You let them in

If you:

• open the door
• step back
• say “come in”
• or even gesture inside

👉 that can be considered consent

And once you consent:

• the entry is legal
• anything they see may be used as evidence

Other Exceptions to the Warrant Requirement

There are limited situations where police can enter without a warrant.

🚨 1. Exigent Circumstances

If there is an emergency, officers may enter.

Examples:

• someone in immediate danger
• active domestic violence situation
• destruction of evidence

🏃 2. Hot Pursuit

If police are actively chasing a suspect who enters a home, they may follow without a warrant.

👁 3. Plain View (From Outside)

If officers can see illegal activity from a lawful position, it may justify further action.

What Police Often Say

Officers may say:

• “We just need to come in and talk”
• “It’ll only take a minute”
• “We’re trying to help”

These are requests — not orders.

What You Should Do Instead

If police are at your door:

You can speak through the door and say:

“I do not consent to any entry. I do not answer questions.”

Then stop talking.

You are not required to:

• open the door
• step outside
• allow entry without a warrant

The Biggest Mistake People Make

They open the door thinking:

• “I don’t want to make it worse”
• “I’ll just hear them out”

That decision can:

• give officers a view inside
• lead to probable cause
• result in a search or arrest

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, many investigations begin with what’s called a “knock and talk.”

Officers rely on:

• voluntary interaction
• consent
• statements

Knowing your rights at your front door can determine what happens next.

The Reality

Police don’t need a warrant if you give them permission.

And many people give permission without realizing it.

The Bottom Line

• Police generally need a warrant to enter your home
• Consent is the most common exception
• You have the right to refuse entry

Your safest move:

“I do not consent to any entry.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If police have come to your home or are investigating you:

👉 Don’t talk. Call 1-888-DRJUDGE

What happens at your front door can shape your entire case.

Introduction

You see blue lights.

Instead of stopping… you keep going.

Maybe you panic. Maybe you think you can avoid trouble.

But what happens if you run from police in Tennessee?

The answer: it can turn a minor situation into a serious criminal case very quickly.

The Short Answer

Running from police can lead to a charge of evading arrest.

Under Tennessee Code Annotated 39-16-603, it is illegal to intentionally flee from law enforcement after being ordered to stop.

Misdemeanor vs. Felony Evading Arrest

The charge depends on how you flee.

🚶 On Foot

If you run on foot:

👉 typically charged as a misdemeanor

🚗 In a Vehicle

If you flee in a vehicle:

👉 it can become a felony

Especially if:

• your driving puts others at risk
• you cross into traffic
• speeds increase
• an accident occurs

Why This Escalates So Quickly

A situation that might have started as:

• a traffic stop
• a minor violation
• even a misunderstanding

can quickly turn into:

• felony charges
• jail time exposure
• long-term consequences

Additional Charges That Can Follow

Running from police often leads to more than just evading arrest.

You could also face:

• reckless driving
• reckless endangerment
• resisting arrest
• DUI (if applicable)

Each charge adds to the potential penalties.

The Biggest Mistake People Make

Panic.

People think:

• “If I get away, it goes away”
• “I’ll deal with it later”

That’s not how it works.

Running usually makes things worse — not better.

What You Should Do Instead

If you are being stopped:

1. Pull over safely
2. Stay calm
3. Provide required documents
4. Say:

“I don’t answer questions.”

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, law enforcement takes evading arrest — especially in vehicles — very seriously.

These cases are often:

• aggressively prosecuted
• supported by video evidence (dashcam/bodycam)
• combined with additional charges

The Reality

Running doesn’t eliminate the original problem.

It multiplies it.

The Bottom Line

• Running from police is a crime in Tennessee
• Vehicle flight can result in felony charges
• Additional charges are common

Your safest move:

👉 Stop. Stay calm. Don’t talk.

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you are facing evading arrest or related charges:

👉 Don’t talk. Call 1-888-DRJUDGE

What you do next can make a major difference in your case.

Introduction

You’ve been pulled over.

The officer comes to your window and asks:

“Do you mind if I search your car?”

It sounds simple — but your answer can change everything.

So can police search your car after a traffic stop in Tennessee?

The Short Answer

No — police cannot automatically search your car just because they pulled you over.

They must have:

• your consent
• probable cause
• or another legal exception

The #1 Way Searches Happen: You Say Yes

This is the most common situation.

If you say:

• “Sure”
• “Go ahead”
• “I don’t mind”

👉 You just gave consent

That means:

• no warrant needed
• no probable cause required
• anything found can be used against you

What Is Probable Cause?

Police can search your vehicle if they have probable cause to believe evidence of a crime is inside.

This is tied to the
Fourth Amendment to the United States Constitution

Examples officers may rely on:

• smell of marijuana
• visible contraband
• admissions by the driver
• evidence in plain view

The “Automobile Exception”

Vehicle searches fall under what’s known as the
automobile exception

Because cars are mobile, courts allow searches without a warrant if probable cause exists.

Other Situations Where Searches May Occur

Police may also search your car if:

• you are arrested (limited scope)
• the car is impounded (inventory search)
• there are exigent circumstances

But these situations are more specific and less common than consent.

What You Should Say

If asked for permission to search:

Say this clearly:

“I do not consent to any searches.”

Then stop talking.

Important Reality

Even if you refuse:

👉 Police may still search your car

That does NOT mean the search is legal.

It means your lawyer may be able to challenge it later.

The Biggest Mistake Drivers Make

They think:

• “I have nothing to hide”
• “If I say no, I’ll look guilty”

So they say yes.

That’s how many cases begin.

What Happens After a Search

If something is found:

• it becomes evidence
• it may lead to arrest
• it can form the basis of criminal charges

And once it’s found, it’s difficult to undo.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, many cases begin with traffic stops followed by vehicle searches.

These cases often involve:

• DUI
• drug charges
• firearm possession

Understanding your rights at that moment is critical.

The Bottom Line

• Police cannot automatically search your car
• Consent is the most common way searches happen
• You have the right to refuse

Your safest move:

“I do not consent to any searches.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been searched, stopped, or charged:

👉 Don’t talk. Call 1-888-DRJUDGE

What you say — and what you allow — can decide your case.

Introduction

If you’re pulled over and an officer asks you to step out of the car to perform field sobriety tests, what do you do?

Most people assume they have no choice.

That’s not entirely true.

Understanding your rights in that moment can make a significant difference in your case.

The Short Answer

Yes — you can refuse to perform field sobriety tests in Tennessee.

Field sobriety tests are voluntary.

That means you are not legally required to perform:

• the walk-and-turn
• the one-leg stand
• the horizontal gaze nystagmus (eye test)

Why Officers Ask You to Perform These Tests

Field sobriety tests are designed to:

• gather evidence
• observe coordination and balance
• build probable cause for arrest

They are not designed to “help you pass.”

The Problem With Field Sobriety Tests

These tests can be affected by many factors unrelated to alcohol or drugs:

• fatigue
• nerves
• medical conditions
• uneven surfaces
• poor lighting

Even completely sober individuals can struggle with these tests.

What Happens If You Refuse?

If you refuse field sobriety tests:

• the officer may still arrest you
• the officer will rely on other observations
• the case may proceed without that test evidence

There is no separate license penalty for refusing field sobriety tests.

That’s different from chemical testing.

Important Distinction: Breath or Blood Tests

This is where people get confused.

Chemical testing (breath or blood) falls under
implied consent law

Refusing those tests can lead to:

• license suspension
• additional legal consequences

Field sobriety tests do NOT carry those same automatic penalties.

What You Should Do During a DUI Stop

Keep it simple.

1. Provide:
   • license
   • registration
   • insurance
2. If asked to perform field sobriety tests, you can decline
3. Say:

“I don’t answer questions.”

Then stop talking.

What NOT to Do

Avoid:

• trying to “prove you’re sober”
• over-explaining
• volunteering information

These actions often make the situation worse.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, DUI stops are common — especially at night and on weekends.

Field sobriety tests are one of the primary tools officers use to build DUI cases.

Knowing your rights during that moment matters.

The Bottom Line

• Field sobriety tests are voluntary
• You can refuse them
• There is no automatic penalty for refusing
• Your words and actions still matter

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been charged with DUI or stopped by police:

👉 Don’t talk. Call 1-888-DRJUDGE

What you do on the roadside can shape your entire case.

Introduction

You’re driving in Nashville.

Blue lights come on behind you.

You pull over and wonder:

“Did I even do anything wrong?”

Can police pull you over without a reason?

This is one of the most common questions people ask — and the answer matters more than you think.

The Short Answer

No — police cannot legally pull you over without a reason.

They must have:

👉 reasonable suspicion that a law has been violated

This comes from the
Fourth Amendment to the United States Constitution

What Is “Reasonable Suspicion”?

Reasonable suspicion is a low legal standard, but it still requires something specific.

Examples include:

• speeding
• swerving or erratic driving
• a broken taillight
• expired tags
• failing to signal

It does NOT require proof — just a reasonable basis to investigate.

What About DUI Checkpoints?

There is one major exception.

DUI checkpoints are allowed under certain conditions.

At a checkpoint:

• officers do not need individualized suspicion
• stops are conducted systematically
• procedures must follow legal guidelines

What If There Was No Real Reason?

Sometimes, drivers feel they were stopped for no valid reason.

If a stop is truly unlawful:

👉 any evidence obtained may be challenged in court

This can include:

• DUI evidence
• statements
• search results

The Reality: Most Stops Are Justified

In practice, officers often cite minor issues such as:

• slight lane drift
• brief speeding
• equipment violations

Even small infractions can justify a stop.

The Biggest Mistake Drivers Make

They focus on the stop itself — and forget what happens next.

Even if the stop is questionable:

👉 what you say can still hurt you

What You Should Do During a Traffic Stop

Keep it simple:

1. Provide:
   • license
   • registration
   • insurance
2. Do NOT volunteer information
3. Say:

“I don’t answer questions.”

What NOT to Do

Avoid:

• arguing roadside
• trying to “win” the encounter
• explaining your situation

Those moments are often recorded — and used later.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, traffic stops are one of the most common ways criminal cases begin.

Many DUI and drug cases start with:

👉 a simple traffic stop

Knowing your rights in that moment matters.

The Bottom Line

• Police need reasonable suspicion to stop you
• Minor violations are enough to justify a stop
• The real risk comes from what happens after the stop

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been stopped, arrested, or charged:

👉 Don’t talk. Call 1-888-DRJUDGE

What starts as a traffic stop can quickly become a criminal case.

Introduction

You’re stopped by police.

An officer asks:

“Can I take a look at your phone?”

What you do next matters — a lot.

Your phone contains:

• texts
• photos
• call logs
• emails
• apps
• location history

In many cases, it contains your entire life.

So can police search it without a warrant?

The Short Answer

No — police generally cannot search your phone without a warrant.

Your phone is protected under the
Fourth Amendment to the United States Constitution

Courts recognize that modern cell phones hold vast amounts of personal information — far more than anything traditionally carried on your person.

The Key Case Law

The U.S. Supreme Court made this clear in
Riley v. California

In that case, the Court held:

👉 Police must obtain a warrant before searching the digital contents of a cell phone

Even after an arrest.

The Biggest Exception: Consent

Here’s where people get into trouble.

If an officer asks:

“Do you mind if I look at your phone?”

And you say:

• “Sure”
• “Go ahead”
• “I don’t care”

👉 You just gave consent

That means:

• no warrant needed
• no probable cause required
• anything found can be used against you

Other Possible Exceptions

There are limited situations where a warrant may not be required, such as:

• exigent circumstances (emergency situations)
• risk of destruction of evidence
• immediate safety concerns

But these are narrow exceptions — not the rule.

What You Should Do Instead

If asked about your phone:

Say:

“I do not consent to any searches.”

Then stop talking.

Do NOT:

• unlock your phone
• hand it over voluntarily
• try to explain what’s on it

The Hidden Danger: Unlocking Your Phone

Even unlocking your phone can create legal issues.

Depending on the situation, officers may attempt to:

• use what they see immediately
• expand the scope of a search
• justify further investigation

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, phones are central to many criminal investigations, including:

• drug cases
• domestic cases
• gun charges
• theft and fraud

Your phone can become the strongest piece of evidence against you.

The Reality

Most people don’t lose their case because of what was found with a warrant.

They lose it because they:

👉 gave consent

The Bottom Line

• Police generally need a warrant to search your phone
• You are NOT required to consent
• Giving permission removes your legal protections

Your safest move:

“I do not consent to any searches.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If police have searched your phone or are investigating you:

👉 Don’t talk. Call 1-888-DRJUDGE

What’s on your phone can decide your case.

Introduction

You’ve seen it on TV:

“You have the right to remain silent…”

Most people believe police are required to say those words before an arrest.

That’s not how it works.

And misunderstanding this can seriously hurt your case.

The Short Answer

Yes — you can absolutely be arrested without being read your Miranda rights.

Police are not required to read you your rights at the time of arrest.

Where Miranda Rights Come From

Miranda rights come from the U.S. Supreme Court case
Miranda v. Arizona

The ruling protects your rights under the
Fifth Amendment to the United States Constitution

But here’s the key:

👉 Miranda applies to custodial interrogation — not the arrest itself.

What That Means in Plain English

Police only have to read your Miranda rights when:

1. You are in custody
2. AND they want to interrogate you

If they don’t question you, they don’t have to read your rights.

Why People Get This Wrong

Movies and TV make it seem like:

• No Miranda warning = case dismissed

That’s not true.

If police arrest you and never question you:

👉 There’s no Miranda issue at all

When Miranda DOES Matter

Miranda becomes important if:

• police question you while in custody
• AND they did not advise you of your rights

In that situation:

👉 Your statements may be suppressed (not used in court)

What Miranda Does NOT Do

Miranda does NOT:

• prevent your arrest
• make charges disappear
• automatically dismiss your case

It only affects whether certain statements can be used as evidence.

The Real Danger: Talking Anyway

Here’s what actually happens in real cases:

People:

• start talking immediately
• try to explain
• think they can “clear things up”

And those statements become evidence.

What You Should Do Instead

Whether you’ve been read your rights or not, your move is the same:

Say:

“I don’t answer questions.”

Then ask for a lawyer.

Then stop talking.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, many cases are built on:

• statements made at the scene
• statements made in patrol cars
• statements made before any Miranda warning

Those statements are often admissible.

The Bottom Line

• Police do NOT have to read you your rights to arrest you
• Miranda only applies to custodial interrogation
• Talking is what creates problems — not the lack of a warning

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been arrested or questioned by police:

👉 Don’t talk. Call 1-888-DRJUDGE

What you say matters more than whether your rights were read.

Introduction

If a police officer tells you something during an investigation, can you trust it?

Most people assume the answer is no — that officers have to tell the truth.

That assumption is wrong.

And believing it can get you into serious trouble.

The Short Answer

Yes — police are generally allowed to lie to you during an investigation.

That means officers can legally:

• say they have evidence they don’t actually have
• claim someone else has already confessed
• suggest they “just want to help you”

These tactics are commonly used to get people to talk.

Why Police Use This Strategy

Law enforcement is trained to gather evidence.

One of the most effective ways to do that is:

👉 getting you to talk

If you believe:

• “They already know everything”
• “I might as well explain”

you’re more likely to give statements that can be used against you.

What They Cannot Do

While police can use deception, there are limits.

They generally cannot:

• force a confession
• physically coerce you
• violate your constitutional rights

But here’s the reality:

👉 Most cases don’t involve force — they involve conversation

The Trap

A typical interaction might sound like this:

• “We already have you on video”
• “Your friend already told us everything”
• “This is your chance to clear things up”

Even if those statements aren’t true, they are often legally allowed.

Why This Matters

People don’t get into trouble because they’re forced to confess.

They get into trouble because they:

• try to explain
• try to cooperate
• try to talk their way out

And those statements become evidence.

What You Should Do Instead

If you are being questioned:

Say this:

“I don’t answer questions.”

Then stop talking.

Do not:

• argue
• explain
• try to correct the officer

What About “Being Honest”?

A lot of people believe:

“If I’m honest, it will help me.”

That’s not how the system works.

Your statements are not used to “clear things up.”

They are used to build a case.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, police interviews and roadside questioning are a routine part of investigations.

And many cases come down to one thing:

👉 what the person said

Knowing when not to speak is critical.

The Bottom Line

• Police can legally lie during investigations
• You do NOT have to answer questions
• Talking can hurt you — even if you’re telling the truth

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you are being questioned or investigated:

👉 Don’t talk. Call 1-888-DRJUDGE

What you say can — and will — be used against you.