Legal Question in Criminal Law in Tennessee

I had been driving and pulled into gas station and parked to the left of the door to go in and got out started walking inside to get a drink. when i pulled the store door open some one hollered at me from a car parked on the right side of the entry door. i noticed it was a DTF agent whom i had previously encountered, however the charge was dismissed. He asked about my drivers license and i told him that i did not have one he then asked to search my car. i also gave him a container in my pocket proactively. He charged me with simple possession of methanphetamine. is this legal


Asked on 4/25/19, 12:45 pm

1 Answer from Attorneys

NO, the possession of methamphetamine is illegal in the state of Tennessee.

At least, not without a valid prescription, and I gather from the fact that you were

charged with it, you did not have a valid prescription.

If you were asking if it was legal for him to charge you after you "proactively" handed

a DTF agent some of your meth, yes, it's legal.

So have a talk with your defense attorney. And you didn't mention whether or not it

was a "simple possession" or a "possession with intent to sell/deliver."

Most of the agents I work with will issue a citation instead of arrest if the defendant

voluntarily gives up a small bit of "own use" drugs, so I'm not saying you were stupid

to do so. After all, if you were driving on a revoked or suspended license the

officer had the right to make an arrest, and a search incident to arrest, so the meth

almost certainly would have been found even if you did not consent to handing it over.

Look on the bright side. If you had not coughed it up, and he took you to booking,

and it was found during the booking search and dress out, you would have leveraged

a Class A Misdemeanor into a Class C Felony called "Contraband in a Penal Institution."

Yeah, I've had clients do it.

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Answered on 4/25/19, 1:03 pm


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