Attorney General Opinions 
Relating to County Government

2014 Law Enforcement

• Under the Uniform Child Custody Jurisdiction and Enforcement Act, T.C.A. § 36-6-201 et seq., an out-of-state order of protection providing for custody of a minor child may be registered in a Tennessee court, but a law enforcement officer receiving such an order for service has no obligation to submit the order to a local court for registration.  Enforcement of an out-of-state custody order is accomplished by an enforcement order or warrant issued by a Tennessee court.    Tennessee law enforcement officers must give full faith and credit to all provisions of an out-of-state order and there is no requirement that the order be ratified by the local court before officers comply with it.  If a respondent has been served with an ex parte order of protection or has actual knowledge of it, a law enforcement officer shall arrest the respondent without a warrant if the officer has reasonable cause to believe the respondent has violated the order since receiving service or acquiring actual knowledge of it.  Opinion No. 14-101 (November 26, 2014).

• An all-terrain vehicle that is registered as a “medium speed vehicle” may be operated on a state highway that has a posted speed limit of 40 miles per hour or less.  Opinion No. 14-97 (October 30, 2014).

• Under T.C.A. § 40-11-128, the spouse of a deputy sheriff is prohibited from serving as a bail bondsperson if the spouses commingle funds.  Opinion No. 14-80 (September 4, 2014).

• A Tennessee resident may rely on an out-of-state handgun carry permit for only six months after establishing residency in Tennessee.  After that time, the resident must have a permit issued by the state of Tennessee.  Opinion No. 14-60 (June 11, 2014).

• An electric bicycle may be considered a motor vehicle if it is propelled by its motor rather than by the rider.  An electric bicycle is not a motorized bicycle.  Electric bicycles are not motor-driven cycles unless they have the capacity to maintain posted highway speed limits and otherwise meet the definition of motorcycle.  Electric bicycle operators must possess a valid driver’s license if operating on the highway.  A law enforcement officer may charge the operator of an electric bicycle with driving under the influence.  Opinion No. 14-26 (May 5, 2014).

• A diploma from a correspondence school is not a high-school diploma for purposes of meeting the qualifications for election or appointment as a constable.  Opinion No. 14-39 (March 31, 2014).

• A pedestrian who uses any portion of the roadway, including a bicycle lane, where an adjacent, unobstructed, and wheelchair-accessible sidewalk is provided commits a Class C misdemeanor.  The illegal use of a bicycle lane by a driver of a motor vehicle could be a Class B or Class C misdemeanor, depending on the nature of the offense.  Opinion No. 14-13 (January 23, 2014).

• A magistrate may identify deficiencies in a warrant application or affidavit and inform the requesting officer what is needed to cure the deficiencies.  Opinion No. 14-10 (January 16, 2014).