Attorney General Opinions 
Relating to County Government

2013 Law Enforcement

• In order to carry firearms, constables must either (1) obtain a handgun carry permit from the department of safety like other Tennessee citizens, or (2) be in a county with a population between 11,100 and 11,200 according to the 1970 or any subsequent census in which constables have law enforcement powers, and obtain a written directive issued by the sheriff.  Opinion No. 13-110 (December 27, 2013).

• The Sheriff’s Civil Service Law of 1974 authorizes the civil service board to determine fringe benefits to employees who are under civil service, which must be funded in the budget.  Opinion No. 13-104 (December 11, 2013).

• Full-time, salaried, uniformed law enforcement officers may use blue flashing lights on personal vehicles as long as their official duties require it.  Off-duty, full-time, salaried, uniformed law enforcement officers receiving compensation from contract security companies may use blue lights on a personal vehicle as long as their official law enforcement duties require it.  Reserve officers may only use blue flashing lights when operating official departmental vehicles.  Law enforcement officers may only use blue lights when escorting a funeral procession when required as part of their official duties.  A funeral escort service cannot use blue flashing lights unless the procession is accompanied by a police escort with officers acting within their official duties.  A funeral escort service cannot use red flashing lights (except when accompanied by an official police escort whose vehicles could use red lights in combination with blue lights).  Funeral escort services may use sirens.  Flashing blue lights may only be used on state or local government-owned vehicles, with the exceptions listed in T.C.A. § 55-9-414.  A reserve officer, when receiving compensation as a security guard or for directing traffic, has the authority of a licensed security officer, any authority conferred by the agency employing the officer for security or traffic duty, the authority vested in the officer by his government employer, and any rights of a private person.  Opinion No. 13-52 (July 2, 2013).

• Sheriffs are required to transport all persons with mental illness or serious emotional disturbance for involuntary inpatient care unless certain other authorized entities provide the transport, and the sheriff is authorized to designate one or more municipal law enforcement agencies in the county to serve as secondary transportation agents for this purpose.  The initial transporting county is required to reimburse the secondary transportation agent for expenses of the transport if the person is transported to a facility outside the county (but not if the transport is within the county). See Opinion No. 12-88 (9/20/12).  There are no exceptions to the initial transporting county’s financial obligation to pay for any transport by a duly appointed secondary transportation agent to any out-of-county hospital or treatment facility.  Opinion No. 13-07 (February 1, 2013).

• A sheriff may only collect a single $5 fee for each bail bond issued, regardless of the number of charged offenses covered by the bond, pursuant to T.C.A. § 8-21-901.  Opinion No. 13-03 (January 7, 2013).