MEMPHIS, Tenn. — State Rep. John Gillespie, R-Memphis, announced Thursday that he is seeking an opinion from Tennessee Attorney General on whether the Memphis Police Department’s current pretextual traffic stop policy violates state law.
City documents show that there is still confusion as to when Memphis Police Department officials began recognizing the traffic ordinances passed after the death of Tyre Nichols.
MLK50 broke that former Memphis Mayor Jim Strickland rejected the approved city council ordinances that would end pretextual traffic stops, the use of unmarked cars, and some other MPD measures.
MPD Chief Cerelyn 'CJ' Davis said that MPD began following them as they were passed by council, but documents obtained Tuesday, May 23, by ABC24, and first reported by The Commercial Appeal, show that the policy enforcing the ordinances wasn't signed until Jan. 25, 2024. The documents also state they did not go into effect until Feb. 6.
This would be days after Davis said in a press conference that they had been in effect after having passed city council in April 2023.
Gov. Bill Lee signed a bill that effectively repealed the reforms that were enacted by Memphis City Council members in late March 2024.
Gillespie announced in a release that he saw the policy manual stating that, "Minor vehicle equipment violations will not be used to stop or detain a suspect because the officer actually suspects the persons involvement in another more significant crime."
“I was proud to sponsor legislation this year ensuring law enforcement officers are not restricted from doing their jobs,” Gillespie said in a release. “Unfortunately, it appears the Memphis Police Department is still enforcing its prohibition on pretextual traffic stops. I am calling on Memphis Police Department officials to reverse course by giving officers full authority to follow state and federal law.”
Nichols was beaten during a traffic stop Jan. 7, 2023, and died three days later. Five MPD officers were fired and charged with killing Nichols, while a sixth was later fired for his involvement.
Memphis Mayor Paul Young pleaded with state lawmakers in February to reject the proposal that would prevent cities and counties in Tennessee from limiting the use of pretextual traffic stops by police.
Young sent a letter to state lawmakers saying in part, "It’s imperative we have the ability to determine policies and practices unique to our context. Limiting the ability of local governments to pass ordinances to that effect would be counterproductive to our efforts.”
The bill was sponsored by Shelby County Republicans Gillespie and Brent Taylor.