§ 40-7-122. Fee for Booking and Processing of Persons Subject to Arrest or Summons
In addition to any other fees the sheriff is entitled to demand and receive in accordance with § 8-21-901, a county legislative body may vote to impose an additional fee of not more than ten dollars ($10.00) for the booking and processing of each person subject to arrest or summons. The fee shall be collected […]
§ 40-7-123. Development of Standardized Written Procedure of Verifying Citizenship Status
The Tennessee peace officer standards and training commission shall develop a standardized written procedure for verifying the citizenship status of individuals who are arrested, booked, or confined for any period in a county or municipal jail or detention facility and reporting to the appropriate immigration and customs enforcement detention and removal operations field office those […]
§ 40-7-124. Immunity From Prosecution for Possession of Drug Paraphernalia When Officers Alerted of Presence of Hypodermic Needle or Other Sharp Objects Prior to Search
Before searching a person, a person’s premises, or a person’s vehicle, a law enforcement officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer, or whether a hypodermic needle or other sharp object is on the premises or in […]
§ 40-7-115. Breaking in to Retake Escaped Prisoner
To retake the party escaping or rescued, the person pursuing may, after notice of that person’s intention and refusal of admittance, break open any outer or inner door or window of a dwelling house. Code 1858, § 5047; Shan., § 7007; Code 1932, § 11546; T.C.A. (orig. ed.), § 40-823.
§ 40-7-116. Theft — Detention of Suspect by Merchant or Peace Officer
A merchant, a merchant’s employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103, may detain that person on or off the premises of the mercantile establishment if the detention is done for […]
§ 40-7-117. Theft of Property Valued at More Than $500 in Retail or Wholesale Establishments — Arrest by Peace Officer Without Warrant
Any peace officer may arrest without warrant any person the officer has probable cause for believing has committed theft of property with a value of more than five hundred dollars ($500) in retail or wholesale establishments. “Probable cause,” as used in this section, includes, but is not limited to, the statement of a merchant containing […]
§ 40-7-118. Use of Citations in Lieu of Continued Custody of an Arrested Person
As used in this section, unless the context otherwise requires: “Citation” means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified […]
§ 40-7-119. Strip Searches Restricted
As used in this section, “strip search” means having an arrested person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of the arrested person. No person arrested for a traffic, regulatory or misdemeanor offense, except in cases […]
§ 40-7-120. Release Citations for Misdemeanants
As used in this section, except as otherwise specifically indicated: “Citation” means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and “Magistrate” […]
§ 40-7-121. Body Cavity Searches — Warrant Requirement — Waiver — Liability
As used in this section, unless the context otherwise requires, “body cavity search” means an inspection, probing or examination of the inside of a person’s anus, vagina or genitals for the purpose of determining whether the person is concealing evidence of a criminal offense, a weapon, a controlled substance, a controlled substance analogue or other […]