Judge cites constitutional violation in dismissal of charges
KNOXVILLE, Tenn. (AP) – An East Tennessee judge has ruled that a Knoxville police officer violated the constitutional rights of a suspect and dismissed charges in the case.
The Knoxville News Sentinel (http://bit.ly/1j6j2ma) reports Knox County General Sessions Court Judge Charles Cerny dismissed charges of cocaine possession, resisting arrest and assault that were filed in April 2014 against Brandon Allen Foxx, who is black. In his ruling, Cerny said Officer Thomas Turner, who is white, violated Foxx’s constitutional protection against unreasonable search and seizure by detaining him without probable cause until a K-9 officer was available to search his car.
The newspaper reports it is rare for a Sessions Court judge to cite a constitutional violation as the reason for dismissal.