Attorney General Opinions
Relating to County Government

2009 Law Enforcement

A deputy sheriff is prohibited from running for the office of sheriff if the deputy’s position or duties are in connection with an activity financed in whole or in part by federal loans or grants, or if the deputy is in a county that has adopted the Sheriff’s Civil Service Law of 1974. In either event, the deputy would first have to resign from employment before running for sheriff. Opinion No. 09-167 (October 16, 2009) (note that this opinion may be in conflict with Opinion No. 06-93 dated May 17, 2006).

A person driving “any motor vehicle” on a highway in Tennessee must have a valid driver’s license. Off-highway vehicles are motor vehicles, so a valid driver’s license is required for a person who is unlawfully driving an off-highway vehicle on the highway. Following that logic, a person driving an off-highway vehicle on the highway may be charged with driving on a revoked or suspended license. Opinion No. 09-164 (October 14, 2009).

Law enforcement agencies do not have authority to electronically scan vehicle license plates to determine whether the owner is in compliance with the Tennessee Financial Responsibility Law. Law enforcement agencies are only authorized to demand proof of compliance with the financial responsibility law at the time of moving violations or accidents. Such agencies are not authorized to stop a motorist solely on the basis of suspected noncompliance. Opinion No. 09-135 (July 28, 2009).

Law enforcement agencies may constitutionally restrict or prohibit their law enforcement officers from engaging in secondary employment during off-duty time if, at the time in question, the agency has a clear policy restricting or prohibiting such employment and if the agency can articulate how its policy is rationally related to a legitimate government interest. Such a policy could disallow some forms of secondary employment while allowing others as long as it is rationally related to a legitimate governmental interest and is not arbitrarily or capriciously applied. The law enforcement agency could require a secondary employer to execute a liability waiver. Opinion No. 09-75 (May 12, 2009).

A law enforcement officer is authorized under T.C.A. § 55-8-136 to issue a traffic citation to any driver operating a vehicle in an unsafe manner, which includes driving while using a cell phone, text messaging, or any other activity that prevents the driver from exercising reasonable care in the operation of the vehicle. Opinion No. 09-34 (March 23, 2009).

Under T.C.A. § 39-17-1350, both on-duty and off-duty law enforcement officers may possess or carry firearms at all times and in all places in Tennessee, notwithstanding any state law to the contrary. Opinion No. 09-30 (March 18, 2009).

The Tennessee Corrections Institute has the duty to establish minimum standards for local jails and workhouses under T.C.A. § 41-4-140, which includes the minimum square footage requirements for jail cells determined based on federal standards and other relevant publications. Caselaw does not establish minimum square footage applicable to all situations, but factors considered by courts include length of time in the jail cell, length of time in cell every day, sanitary conditions, quality of ventilation system, overcrowding, absence of classification system, etc. Opinion No. 09-18 (February 25, 2009).

A person required to register as a sex offender must do so within 48 hours of establishing or changing a primary residence unless that day is a Saturday, Sunday, or legal holiday. Opinion No. 09-05 (January 23, 2009).

Out-of-state sex offenders whose convictions have been expunged are required to register in Tennessee if they were required to register as any form of sexual offender in another jurisdiction prior to their physical presence in Tennessee, and if they meet the residency or other physical presence requirements in T.C.A. § 40-39-203. Opinion No. 09-01 (January 8, 2009).