Facing Charges After a Disputed Arrest and Search
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 12, 2026
Legal Inquiry
Consumer Legal Issue
Was arrested for falsifying a police report. I did not make a police report. While being arrested I was searched and charged with possession.
I was caught with a small amount of meth, not sure of the exact charge.
Attorney Answer
The most useful next step is having an attorney evaluate whether the search that turned up the methamphetamine can be challenged as the fruit of an unlawful arrest, since you say you never filed a police report and there may have been no probable cause for that charge.
If there was no valid basis to arrest you for filing a false report, a motion to suppress the evidence found in the search that followed may be available — a more concrete avenue than general evidence-gathering. Under Tennessee Code Annotated section 39-16-502, knowingly filing a false report is a felony (generally a Class D felony), and the prosecution must prove you knowingly gave false information; your denial that you ever made a report is a real defense, but whether it succeeds depends on facts not in the record, including who actually reported to police and how your name became attached to it. On the possession side, Tennessee Code Annotated section 39-17-418 generally treats simple possession of methamphetamine, for a first or second offense, as a Class A misdemeanor — get the actual charging document to confirm the exact offense level rather than relying on assumptions.
What you can do:
1. Obtain the charging document and arrest report to confirm the exact charges and offense level.
2. Consult a criminal defense attorney now about a motion to suppress the meth evidence.
3. Preserve any evidence supporting that you never filed a report, including witnesses and timelines.
⏱ Time limits apply. A motion to suppress must generally be raised before trial or the objection can be lost, so engage counsel promptly to preserve this option.
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Frequently Asked Questions
Can evidence found during an arrest be suppressed if the arrest itself was unlawful?
In many cases, if an arrest lacked probable cause, evidence discovered as a result — sometimes called 'fruit of the poisonous tree' — may be challenged through a motion to suppress. Whether this succeeds depends heavily on the specific facts, so an attorney's review is generally needed.
What must generally be proven to convict someone of falsely reporting a crime?
Most states require the prosecution to show the person knowingly provided false information to law enforcement, not merely that a report turned out to be inaccurate. A genuine dispute over who made a report can be a meaningful defense that an attorney can help develop.
What is generally the penalty for simple drug possession?
Penalties vary widely by state and by the substance and amount involved, ranging from a misdemeanor to a felony. An attorney can review the charging document to clarify the exact offense level and possible consequences.
