MNPD responds to op-ed by teen arrested without license

Metro Nashville Police Department | The Tennessean

Editor's note: Metro Nashville Police Department posted this response to Conne Molette's op-ed "Teen justifiably arrested but made to feel powerless," Dec. 18, on both the article and The Tennessean's Facebook page.

On Saturday, The Tennessean published a “Tennessee Voices” column authored by an 18-year-old Nashvillian who sought to tell a story of a vehicle stop by a member of the Metropolitan Police Department on September 26, 2015. The driver of the vehicle was the 18-year-old author, who was age 17 at the time.

The account printed by The Tennessean differs in many respects from that of Officer Douglas Fowler, a six-year MNPD veteran, who made the stop. Officer Fowler put his recollection in writing several weeks ago in response to a complaint made by a relative of the teenager (who was not present at any time during the stop).

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On Saturday, September 26, 2015, I was working an extra-duty assignment sponsored by the Governor’s Highway Safety Office to help keep drunk drivers off our roadways. At approximately 11:05 p.m., I was traveling outbound (south) on Nolensville Pike near Thompson Lane. I observed a silver SUV traveling inbound (north) on Nolensville Pike near Morton Avenue without any lights. Pursuant to Metropolitan Code 12.32.30 (Lights Required), I stopped the vehicle at Nolensville Pike near Central Avenue at 11:08 p.m.

Upon initial approach, there was an obvious aroma of marijuana emanating from within the vehicle. I made contact with the 17-year-old driver. I identified myself as Officer Fowler with Metro Police, and informed the driver why I stopped her. By the time of the stop, she had turned her headlights on, as well as activated the high beams while doing so. I asked the driver for her license, registration, and proof of insurance.

The driver handed me a paper copy of her learner permit. The driver was unable to locate the registration, she stated she did not know where her proof of insurance was located, and she stated the vehicle belonged to her dad. I inquired about the status of the driver license and she informed me it was a full license even though it read "Learner Permit.” The driver stated she and her mother went to the Department of Motor Vehicles and it should be a full license.

One of the backseat passengers stated she had a license; however, she was only 17 years of age, and, under Tennessee law, could not be the party responsible for the driver. I went back to my vehicle. At 11:11 p.m., I requested another unit to assist on the stop to conduct a probable cause search of the driver's vehicle for the odor of marijuana. I queried the driver's information and it came back with the driver having a learner permit without an endorsement on the NON-CDL status portion of her license.



When the second officer, Brad Williams, arrived on the scene, the two of us went back to the driver’s vehicle. After speaking with the driver, she told me I could search the vehicle. All four occupants of the SUV were 17 years of age. As it was raining, Officer Williams and I placed two of the occupants in each of our vehicles. Although the odor of marijuana was very apparent, neither Officer Williams nor I located any narcotics-related contraband during the search. I spoke to the driver again, and she informed me she had smoked marijuana within the last few hours prior to operating the vehicle. I administered the Horizontal Gaze Nystagmus (eye movement test) on the driver. She did not exhibit any indicators of impairment on this task, so I did not continue with a D.U.I investigation.



Tennessee law (T.C.A 55-50-311) provides: a learner permit shall allow the person to operate a motor vehicle whenever the person is accompanied by a person who is at least twenty-one (21) years of age and is licensed to operate a motor vehicle.



Metropolitan Nashville Police Department policy for more than 20 years has provided that teenagers must be taken to Juvenile Court for driving without a valid license. I took the driver into custody without incident on this night for violation of T.C.A 55-50-301 (Driver License Required).



I asked the driver if we could call her mother to come get the vehicle. She stated we would not be able to get in contact with her mother on a Saturday night. I asked the driver about calling her father and she stated she did not have one. The driver did not offer me any alternatives for anyone to pick up the vehicle. I placed the driver back into the backseat of my vehicle. At this point Officer Williams and I began working on an arrangement for the other three juveniles. After futile attempts to reach one of the mothers, Officer Williams, at 11:41 p.m., transported them to one of their residences.



Even though we were on private property just off Nolensville Pike, I could not let the driver (a juvenile) sign a “vehicle no-tow report” and leave the vehicle parked at this location. Police department policy specifically provides that juveniles are not authorized to sign “no-tow” requests and a liability waiver.

I requested a zone wrecker at approximately 11:44 p.m. After I completed the juvenile arrest report, vehicle tow report, and a traffic ticket, nearly thirty minutes had elapsed, so I requested a call back for the wrecker at 12:14 a.m. At 12:20 a.m., I requested a second call back. Dispatch advised me the tow truck driver was a minute away. At 12:21 a.m., dispatch then advised me the tow truck was en route to my location. At 12:28 a.m., I requested a different wrecker to respond as the one company was taking an abnormal amount of time to respond. At 12:29 a.m., dispatch called the wrecker company back, and they advised dispatch they were at Nolensville Pike and McCall Street. At 12:31 a.m., I advised dispatch the wrecker was on the scene. When I made contact with the wrecker driver, he informed me he had fallen asleep after the first call.

The wrecker driver stated when his dispatcher called back the second time, he then woke up and drove to the scene. I checked en route to Juvenile Court with the 17-year-old at 12:34 a.m. after the vehicle was loaded onto the tow truck. I arrived at Juvenile at 12:44 a.m.

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In the 17-year-old’s submission to The Tennessean, she implies that her race was a factor in the officer’s decision making. In fact, during 2015, the Nashville police department has physically taken to Juvenile Court, by policy, at least 462 teenagers for driving without a license. Of the 463 teens, 243 were white, 214 were black, 5 were Asian and 1 was a Pacific Islander.

Officer Fowler could not responsibly allow the teenager to continue operating the vehicle. Although she obtained a driver license four days later, all she had at 11:08 p.m. on September 26 was a learner permit. There was no responsible adult, as required by state law, in the vehicle.