WJHL ran a story recently about an issue in Sullivan County, where at least a hundred DUI cases may end up being dismissed because the county neglected to provide a detached and neutral magistrate to determine whether officers who subjected citizens to warrantless arrests had probable cause supporting these arrests. Apparently instead of properly presenting these cases before a neutral magistrate, notaries who work directly for the Kingsport Police Department or the Sherriff’s Department have been signing arrest warrants for DUIs. Under Tennessee’s ‘Rules of Criminal Procedure,’ a magistrate or clerk is supposed to sign an arrest warrant, defined as someone ‘who is neutral and detached and who is capable of the probable cause determination required.

In summary, Sullivan County has been ignoring procedure and having law enforcement notaries “rubber stamp” warrant for 20 years, and now 100 people’s lives – maybe more – are in limbo while the Mayor and District Attorney General look into the issue.

Why the issue matters

The news report issued by WJHL outlines the County’s plans for rectifying the problem, but does not seem to express the outrage that this mistake should be causing. Tennessee’s courts have made clear that an arrest warrant that does not comply with procedural and constitutional requirements is void: see State v. Wilson, 6 S.W.3d 504 (Tenn. Crim. App. 1998). In State v. Ferrante, Tennessee’s Supreme Court clearly held that if a neutral detached magistrate or clerk does not issue a warrant, the criminal charge is void ab initio, meaning that it is if the criminal charge never existed. State v. Ferrante, 269 S.W>3d 908 (Tenn. 2008).  Over the past few years, Tennessee has really cracked down on DUI arrests, running campaigns like Booze It or Lose It, and mandating that first time offenders serve time in jail. There is no doubt that the law enforcement in Tennessee are looking for an excuse to arrest you for a DUI. Here in Sevierville, our firm sees the increase in the number of local and federal DUIs as well, given our proximity to the Smoky Mountains.

So it is imperative that law enforcement officials follow the letter of those laws, and that they not take shortcuts simply to make more arrests. By allowing an employee of a department who makes arrests for DUI issue an arrest warrant, not only are they flouting the Rules of Criminal Procedure, but they prove that they will do anything they need to do to arrest someone for drinking or using drugs and then driving.

When asked, the mayor said, “Yes I have a concern that we haven’t followed procedure technically. Do I have concerns that we’ve had a great miscarriages of justice? No.” This statement shows that Sullivan County simply does not care about the rights of the accused and ignores the constitution.  Not following the Rules of Criminal Procedure is a miscarriage of justice; it is the perfect example of a miscarriage of justice. There are rules and laws in place to protect people. To waive off that responsibility for more than two decades should be a crime in and of itself.

Delius & McKenzie, PLLC offers comprehensive criminal defense strategies to clients throughout Sevier County, including in Gatlinburg and Pigeon Forge. Please contact a Sevierville DUI defense lawyer to discuss your case. We will make in-custody visits when required.