The arrest of Juanita Dianne Strickland Oct. 4 appears to be part of a pattern of deputy conduct that violates Tenn. Code Ann. § 40-7-103, arrest by officer without warrant.
Attached is notice of her case in Chattanoogan.com. The arrest report is notice to Sheriff Hammond and to you that the customary and usual practice of your department is to arrest people apart from having committed a public offense.
[This report is a letter to Coty Wamp, counsel for the Hamilton County sheriff’s office, apprising her of continued violations of black-letter law intended to protect the people of Hamilton County and the entire state of Tennessee from sudden arrests and jailings by cops, deputies and troopers.]
You know this well as a matter of law, as the law is a matter of public record, and the law has been brought to your attention by Administrative Notice as to the nature of 40-7-103, which was given to your employer, Hamilton County, via the county commission April 15, 2020.
Driving on revoked and driving on an expired registration do not meet Tennessee courts’ standard for public offense. These may administrative wrongs. These may be crimes. But they are not public offenses, and there cannot be an arrest BEFORE a warrant is issued. The warrant must be obtained by the officer BEFORE the arrest, to prevent the people being subject to a bill of attainder and outlawed by officers making judicial determination apart from their authority under law.
To secure their rights, the people meeting in general assembly enacted Tenn. Code Ann. § 40-7-103 to limit the constitutional ban on arrest and to allow certain limited number of instances in which an officer an make an arrest without a warrant. That is, allowances that he make an arrest of the person before judicial approval of the seizure — without a warrant in his left or right hand or in his pocket.
A policy of false arrest is not just a tort, it is a triable and indictable offense.
The abuse of this law has received extensive coverage at TNtrafficticket.us and on 92.7 FM. As these deeds by your deputies are reported on, the reports give the department notice about the status quo and about the custom and usage of continuing violation of this law.
Given extensive coverage of your department’s activities, it is fair to say the department is under multiple notices about this pattern of conduct and this policy of the department to reject the plain meaning of this law.
For your convenience, I attach a copy of the administrative notice about the requirements of 40-7-103. I also attach a copy of the statute with the key phrases highlighted for your consideration.
Respectfully yours, etc.