Getting pulled over by the police can be a stressful and confusing experience—especially if you’re not sure why it happened in the first place. Many drivers wonder: Can police stop me for no reason? Do they need to see a traffic violation first?
Understanding when a stop is legal—and when it isn’t—is important when driving in Tennessee, especially if that stop leads to an arrest for DUI or another criminal charge. In this post, we’ll break down exactly when police can legally pull you over, what counts as a valid reason, and what you should do if you believe your rights were violated.
The Legal Standard: Reasonable Suspicion
In Tennessee, police officers cannot pull you over just because they “feel like it.” The law requires what’s known as reasonable suspicion before making a traffic stop. This is a legal standard that means the officer must have specific, objective facts to believe you’ve committed a traffic violation or are involved in criminal activity.
What Counts as Reasonable Suspicion?
Reasonable suspicion is a lower standard than probable cause (which is needed for arrests or search warrants), but it still requires more than a hunch. Examples include:
- Observing a car drifting between lanes, which may suggest impaired driving.
- Seeing a driver run a stop sign or fail to use a turn signal.
- Noticing that a vehicle’s brake lights are not working.
In each case, the officer can clearly point to behavior that justifies the stop.
Tennessee Case Law on Traffic Stops
Here are some Tennessee cases that illustrate how courts evaluate reasonable suspicion in traffic stops:
- State v. Binette (2000): The Tennessee Supreme Court held that multiple lateral movements within a lane were not pronounced enough to support reasonable suspicion in that case. The officer’s observations, while concerning, were insufficient under the facts presented. The law requires failure to maintain lane by crossing over the line, rather than a mere touching. It is essential that your attorney argue the difference between crossing and touching the line if there is dash camera footage establishing that you merely touched the line.
- State v. Smith (2016): In this case, the defendant was stopped after once crossing, and twice touching, the fog line marking the outer right lane boundary on an interstate highway. The Tennessee Supreme Court held that was enough to constitute reasonable suspicion to justify the traffic stop.
Common Legal Reasons for a Traffic Stop
In Tennessee, police can legally pull you over if they observe a clear violation of traffic laws or behavior that creates reasonable suspicion of criminal activity. Here are some of the most common and legally valid reasons officers initiate traffic stops:
Traffic Violations
This is the most frequent basis for a stop. Any observed violation of the rules of the road gives an officer legal justification to pull you over. Examples include:
- Speeding
- Running a stop sign or red light
- Failing to signal a turn or lane change
- Not yielding to pedestrians
A stop for something as routine as a failure to signal can turn serious if the officer observes other suspicious behavior, such as slurred speech or other signs of impairment. Many DUI cases begin with a basic moving violation.
Equipment Violations
Tennessee law requires certain equipment to function properly on your vehicle. If something appears defective or missing, an officer has the right to stop you. Common issues include:
- Broken or missing headlights, taillights, or brake lights
- Cracked windshield obstructing view
- Loud mufflers or exhaust modifications
- Expired or improperly displayed license plate tags
A routine stop for something like a broken tail light can quickly escalate into an investigation if the officer smells alcohol, sees drug paraphernalia, or believes the driver is impaired.
Suspicious Driving Behavior (Possible DUI Indicators)
Even if no traffic law is technically broken, unusual driving patterns can give rise to reasonable suspicion—especially when DUI is suspected. Examples:
- Weaving within or across lanes
- Sudden braking or inconsistent speeds
- Nearly hitting the curb or other vehicles
- Delayed reaction to traffic signals
These behaviors, when observed by an officer, may justify a DUI stop under Tennessee law.
Registration or License Issues
If an officer runs your license plate and sees that the vehicle registration is expired or the listed owner has a suspended license, they have legal grounds to initiate a stop. While these stops may seem administrative, they can uncover more serious issues—like driving on a revoked license, outstanding warrants, or evidence of impaired driving.
Active Warrants or BOLO Alerts
If your vehicle or license plate matches a suspect description in a “Be On the Lookout” (BOLO) alert, or the officer learns you have an outstanding warrant, they are authorized to stop and detain you. BOLO and warrant-based stops can lead to immediate arrest—even if you’re unaware of the warrant. If anything illegal is found during the stop (drugs, weapons, etc.), you could face multiple new charges.
These are all considered valid, objective reasons for initiating a traffic stop under both federal and Tennessee law. But what about situations where the stop feels unjustified? In the next section, we’ll cover examples of illegal or questionable stops that may violate your rights.
Illegal or Questionable Traffic Stops in Tennessee
While police have broad authority to enforce traffic laws, that power is not unlimited. A traffic stop becomes illegal when it’s not based on specific, objective facts—violating your rights under the Fourth Amendment and Article I, Section 7 of the Tennessee Constitution.
Here are common situations where a stop may be challenged in court:
Stops Based Solely on Race, Ethnicity, or Appearance
Police cannot pull someone over based on race, ethnicity, gender, or appearance alone. These types of stops often violate both constitutional protections and equal protection guarantees under the law. Courts closely scrutinize stops that appear motivated by profiling rather than objective observations.
Example: If a person is stopped in a neighborhood “just for being there,” without any observed traffic violation or suspicious behavior, the stop could be considered unlawful.
“Hunch” Stops Without Objective Evidence
A law enforcement officer must be able to articulate specific facts that justify a stop—such as a traffic infraction or clear indication of criminal behavior. Vague instincts, feelings, or general suspicions are not enough under Tennessee law.
Example: “He just looked nervous” or “It felt like something was off” are not valid legal justifications.
The law says a subjective belief is insufficient. A case was dismissed where an officer believed that the defendant failed to stop at a stop light whereas he could not objectively testify that the defendant actually failed to stop.
Misuse of Anonymous Tips
Anonymous tips can’t be the sole basis for a stop unless the information provided is detailed, reliable, and corroborated by the officer’s own observations. Courts require verification before a tip can justify a stop, especially in DUI or drug-related cases.
Example: A caller says someone in a red truck is drunk driving. Unless the officer personally observes suspicious driving, a stop based only on the tip may be unlawful. Thus, where an officer observes perfect driving conduct the officer cannot pull the vehicle over.
Prolonged Stops Without Cause
A legal stop can turn into an illegal detention if the officer extends the interaction beyond its original purpose—such as waiting for a drug dog or continuing to question the driver—without any new reasonable suspicion. Officers must stay within the scope of the original reason for the stop unless new facts emerge.
Example: An officer pulls you over for speeding, then delays the stop to wait for a drug dog—without any new suspicion of drug activity. That could violate your rights.
Similarly, if an officer makes you wait twenty or more minutes before doing field sobriety tests it could be a basis for a dismissal of your case.
Pretext Stops With Unlawful Follow-Up
While courts allow pretextual stops (such as pulling someone over for a minor violation when the officer suspects other crimes), the subsequent actions of the officer still must comply with the law.
Example: If an officer pulls someone over for a license plate light but immediately demands to search the vehicle without consent or probable cause, that search could be challenged by a defense attorney in court.
How Our Defense Attorneys Challenge Illegal Traffic Stops
One of the first questions our Knoxville attorneys ask in any DUI or criminal defense case is simple: did the police have the legal right to stop you? If they didn’t, it could change everything.
Under both federal and Tennessee law, any evidence gathered as a result of an illegal stop can potentially be excluded from court. This is known as the exclusionary rule, and it’s a powerful tool in criminal defense.
How We Uncover Illegal Stops
Our criminal defense attorneys don’t take the police report at face value. Our legal team immediately gets to work by:
- Requesting dash cam and body cam footage
- Analyzing officer reports, dispatch logs, and GPS data
- Identifying whether the stop was based on reasonable suspicion or just a hunch
- Looking for signs of profiling, pretext, or prolonged detention
If your rights were violated, we file a motion to suppress and fight to have that evidence thrown out.
What Type Of Evidence Can Be Suppressed?
If the court rules the stop unconstitutional, the damage to the prosecution’s case can be extensive. Suppressed evidence may include:
- Breathalyzer or blood test results in DUI cases
- Any incriminating statements you made during the stop
- Drugs, weapons, or contraband found in the vehicle
- Anything discovered through an illegal search or seizure
Even something as minor as admitting you had “a couple drinks” can be excluded if it was said during an unlawful stop. And if the state loses access to that kind of evidence, they may be forced to drop or reduce the charges.
Our Criminal Defense Attorneys Are Ready To Fight For Your Rights
At Barnes and Fersten, we believe your constitutional rights matter. If you were pulled over and now face charges like DUI or drug possession, don’t assume the stop was legal. Let us review the facts, challenge the stop if it was unlawful, and fight to protect your future.
Call our criminal defense law firm today at 865-805-5703 or fill out our contact form for a free consultation. We’ll listen to your story, explain your options, and get to work building a strong defense for your case. Your rights deserve to be defended in court—start by taking the first step.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
