Attorney General Opinions
Relating to County Government

2006 Law Enforcement

Vendors who operate jail commissaries under the blind vendors program cannot be required to handle inmate funds. Opinion No. 06-156 (October 9, 2006).

Law enforcement is prohibited under T.C.A. § 37-1-155(a)(1) from videotaping or digitally recording a juvenile while performing field sobriety tests following a valid traffic stop. Opinion No. 06-107 (July 5, 2006).

A law enforcement officer can arrest a defendant without a warrant if the defendant violates an ex parte order of protection and the requirements of T. C. A. § 36-3-611 have been met (the officer has jurisdiction over the area where the violation occurred, has reasonable cause to believe the respondent violated the order of protection, and has verified that an order of protection is in effect, and the defendant has been served with or has knowledge of the order of protection). Punishment for violation of an ex parte order of protection can include civil or criminal contempt and a civil penalty of $50 when the defendant has knowledge of or has been served with the order at the time and the violation itself is not otherwise a crime. Opinion No. 06-094 (May 22, 2006).

A deputy sheriff is prohibited from serving as a bail bondsman anywhere in Tennessee under T.C.A. § 40-11-128. Opinion No. 06-092 (May 16, 2006).

The County Sheriff’s Civil Service Law, when read in conjunction with T.C.A. § 7-51-1501, does not prohibit an employee of the sheriff’s office from becoming a candidate for public office. It does prohibit an employee from engaging in political fundraising, including for his or her campaign. It also prohibits an employee from displaying political advertising on the person’s body or vehicle while on duty, and from publicly endorsing any other candidate for elected office. The sheriff’s civil service law requires the following persons to be dismissed from employment for the following conduct: a classified employee for taking an active part in any political campaign while on duty; a deputy sheriff for using his or her position to reflect the deputy’s personal political feelings as those of the sheriff’s department or exerting any pressure on anyone to influence that person’s political views; and any officer in uniform – whether on duty or not – for displaying any political advertising or paraphernalia on his or her body or automobile. These prohibitions apply to any campaign, including one taking place in another county. A sheriff is not authorized to require an employee to take an unpaid leave of absence in order to campaign for office, but such an individual would be subject to dismissal from office if his or her campaign activities violate T.C.A. § 8-8-419. Opinion No. 06-093 (May 17, 2006).

Payment for medical care of county jail prisoners is governed by T.C.A. § 41-4-115, and not under § 9-8-307(a)(2)(D). In the absence of a waiver, the State is liable for expenses incurred from emergency hospitalization and medical treatment provided to any felon imprisoned in the county jail if the felon is admitted to the hospital while on furlough. In the absence of a waiver, the county is liable for all other medical expenses of county jail prisoners released on furlough either pretrial or after conviction. The county is not liable for payment of the medical expenses of jail prisoners on bond either pretrial or after conviction because such persons are not confined in jail. Opinion No. 06-084 (May 5, 2006).

In conjunction with discussing proposed legislation, this opinion discusses the standard of care for law enforcement escorts of a funeral procession, which includes providing adequate personnel to conduct the escort properly under the circumstances. Opinion No. 06–063 (April 7, 2006).

Under the Robert “Robbie” Nottingham Campus Crime Scene Investigation Act the local law enforcement agency and the law enforcement agency of the institution of higher education must conduct joint investigations of medically unattended deaths (with the local law enforcement agency acting as “lead”) and rapes reported to have been committed on campus (with the higher education law enforcement agency acting as “lead”). The degree of participation of the non-lead agency is not specified, but should be worked out between the law enforcement agencies in a reasonable manner. Both agencies would be expected to cooperate based on their respective capabilities. Any law enforcement or higher education official who knowingly violates any of the duties imposed by statute could be criminally liable. Opinion No. 06-061 (April 5, 2006).

A person with a felony conviction or a conviction of certain other violations is disqualified from employment as a police officer under T.C.A. § 38-8-106(4) even if such person’s citizenship rights are subsequently restored pursuant to court order. A person who has been convicted of or pleaded guilty or entered a plea of nolo contendre to a charge or violation set forth at T.C.A. §8-8-102(5) is not eligible for election or appointment to the office of sheriff even if such person’s citizenship rights are subsequently restored pursuant to court order. Opinion No. 06-045 (March 10, 2006).

The new law requiring first-time DUI offenders to remove litter from highways for twenty-four hours does not apply to offenses committed before January 1, 2006. Opinion No. 06-035 (February 14, 2006).

Warrants and other processes in felony cases may be issued at any time and made returnable to any day of the term under T.C.A. § 40-6-206. Probation violation warrants, however, do not fall under that statute, and unlike misdemeanor warrants they do not expire in five years. Opinion No. 06-001 (January 3, 2006).