Attorney General Opinions 
Relating to County Government

2010 Law Enforcement

• Except in Davidson County, a bailiff or court officer must be a deputy sheriff, must obtain POST certification within one year of employment, and if newly assigned to the courts after July 1, 2008, must also complete 40 hours of basic training in courthouse security within 12 months of assignment.  Opinion No. 10-107 (October 28, 2010).

• The $250 drug testing fee for violations of the Tennessee Drug Control Act, contained in T.C.A. § 39-17-420(h), applies statewide.  Opinion No. 10-103 (October 4, 2010).

• A law enforcement officer hired directly by a judicial task force derives his police powers from T.C.A. § 8-7-100(a), which authorizes the director of the task force, with the consent of the supervising district attorney, to issue commissions to personnel employed by the task force.  Judicial district task forces are not required to have at least one member from each of the law enforcement agencies within the district.  Opinion No. 10-28 (March 8, 2010).

• If a law enforcement officer has probable cause to believe a motorist involved in an accident resulting in injury or death has committed a violation of the laws on driving under the influence, vehicular homicide resulting from intoxication, or aggravated vehicular homicide, the officer is required to have the motorist’s blood tested for alcohol and drugs despite the motorist’s refusal to consent.  In all other cases, law enforcement officers must honor the refusal of the motorist to undergo testing.  Opinion No. 10-01 (January 13, 2010).