Attorney General Opinions 
Relating to County Government

2008 Law Enforcement

• Under the “police team” doctrine, a police officer who receives specific information about unlawful conduct from another officer can make a warrantless arrest and issue a citation to a misdemeanant even though the misdemeanor was not committed in the presence of the arresting officer. Opinion No. 08-181 (December 1, 2008).

• Issuing citations for traffic violations based on photographic evidence from cameras does not violate a citizen’s constitutional rights. State law requires law enforcement personnel to review photographic evidence to determine whether a traffic violation has occurred. Opinion No. 08-179 (November 26, 2008).

• If a city does not have its own police force, the sheriff has the same duty to patrol inside the city as he or she does in the unincorporated areas of the county.  If a city has a police force, the sheriff may assume that the city police will do their duty and need not patrol these areas, unless the sheriff has reason to believe the police force is neglecting its duty.  The county commission cannot require a sheriff to stop providing law enforcement services to a city unless the city pays for the services.  Under T.C.A. § 8-8-201(34), it is the sheriff’s duty to enforce city ordinances if the city passes an ordinance to that effect and provides the sheriff and the general sessions court a certified copy of its ordinances.  The costs can be recovered from the city, but only by interlocal agreement and only to the extent that court costs paid over to the county under T.C.A. § 16-15-501 are not adequate.  Opinion No. 08-134 (August 14, 2008).

• Both the 4^th Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution require law enforcement officers to first obtain a search warrant before entering premises quarantined due to methamphetamine unless the search meets one of the narrowly defined exceptions to the warrant requirement.  Opinion No. 08-165 (October 15, 2008).

• Judicial District Drug Task Forces are not authorized to dispose of weapons confiscated under T.C.A. § 39-17-1317. This authority may only be exercised by chiefs of police, sheriffs, the commissioner of safety, and the director of the TBI. Opinion No. 08-157 (October 6, 2008).

• Under T.C.A. § 40-11-126(b), listings of bail bondsmen in jails or other correctional facilities must be in order of seniority, with the sheriff having final decision-making authority over the list.  This means that the list must be organized by seniority, but the sheriff will make the final decision if there is a question of seniority among the bondsmen. This provision of law is constitutional.  Opinion No. 08-150 October 1, 2008).

• If a city does not have its own police force, the sheriff has the same duty to patrol inside the city as he or she does in the unincorporated areas of the county.  If a city has a police force, the sheriff may assume that the city police will do their duty and need not patrol these areas, unless the sheriff has reason to believe the police force is neglecting its duty.  The county commission cannot require a sheriff to stop providing law enforcement services to a city unless the city pays for the services.  Under T.C.A. ' 8-8-201(34), it is the sheriffs duty to enforce city ordinances if the city passes an ordinance to that effect and provides the sheriff and the general sessions court a certified copy of its ordinances.  The costs can be recovered from the city, but only by interlocal agreement and only to the extent that court costs paid to the county under T.C.A. ' 16-15-501 are not adequate.  Opinion No. 08-134 (August 14, 2008).

• A holder of a valid handgun permit is prohibited under T.C.A. § 39-17-1311 from carrying a handgun or any other firearm in public parks, playgrounds, civic centers, and other recreational facilities, unless the holder’s conduct strictly conforms to one of the types of activity that is expressly permitted under T.C.A. § 39-17-1311(b). Opinion No. 08-26 (February 14, 2008).

• A law enforcement officer may only carry a firearm during a judicial proceeding if the officer is engaged in the actual discharge of the officer’s official duties, or if directed by the court to bring the firearm as evidence. Opinion No. 08-17 (January 31, 2008).