Security Law CJA 4870
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Date Created: 09/23/15
JoAnna R Wilson Week 2 Assignment 00 3911621 Use of deadly force by private citizen A private citizen in making an arrest authorized by law may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest provided that a private citizen cannot use or threaten to use deadly force except to the extent authorized under selfdefense or defense of third person statutes 3911611 and 3911612 Acts 1989 ch 591 1 00 3916602 Resisting stop frisk halt arrest or search Prevention or obstruction of service of legal writ or process a It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer or anyone acting in a law enforcement officer39s presence and at the officer39s direction from effecting a stop frisk halt arrest or search of any person including the defendant by using force against the law enforcement officer or another b Except as provided in 3911611 it is no defense to prosecution under this section that the stop frisk halt arrest or search was unlawful c It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving or attempting to serve or execute any legal writ or process d A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop frisk halt arrest search or process server in which event the violation is a Class A misdemeanor Acts 1989 ch 591 1 1991 ch 307 1 1999 ch 178 1 00 3916603 Evading arrest a 1 Except as provided in subsection b it is unlawful for any person to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person A Knows the officer is attempting to arrest the person or B Has been arrested 2 It is a defense to prosecution under this subsection a that the attempted arrest was unlawful 3 A violation of subsection a is a Class A misdemeanor b 1 It is unlawful for any person while operating a motor vehicle on any street road alley or highway in this state to intentionally flee or attempt to elude any law enforcement officer after having received any signal from the officer to bring the vehicle to a stop 2 It is a defense to prosecution under this subsection b that the attempted arrest was unlawful 3 A violation of subsection b is a Class E felony unless the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other third parties in which case a violation of subsection b is a Class D felony 4 In addition to the penalty prescribed in this subsection b the court shall order the suspension of the driver license of the person for a period of not less than six 6 months nor more than two 2 years If the license is already suspended at the time the order is issued the suspension shall begin on the date the existing suspension ends The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension If the court is unable to take physical possession of the license the court shall nevertheless forward the report to the department The report shall include the complete name address birth date eye color sex and driver license number if known of the person whose license has been suspended and shall indicate the first and last day of the suspension period If the person is the holder of a license from another state the court shall not confiscate the license but shall notify the department which shall notify the appropriate licensing officials in the other state The court shall however suspend the person39s nonresident driving privileges for the appropriate length of time Acts 1989 ch 591 1 1995 ch 467 1 00 406205 Issuance of warrant a If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it then the magistrate shall issue an arrest warrant The finding of probable cause shall be based on evidence which may be hearsay in whole or in part provided however that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished Except as provided in subsection b if the affiant is not a law enforcement officer as defined by 3911106 or if none of the affiants in the case of multipleaffiants is a law enforcement officer as defined by 39 11106 then a criminal summons as provided in 406215 shall issue instead of a warrant of arrest b Notwithstanding the provisions of subsection a the magistrate may issue a warrant of arrest instead of a criminal summons if 1 The offense complained of is a felony as defined in 3911110 or the offense of stalking as defined in 3917315 2 There are multipleaffiants and one 1 or more of the affiants is a law enforcement officer as defined in 3911106 3 After examination of the affiant and the affidavit of complaint the magistrate has probable cause to believe that the issuance of an arrest warrant rather than a criminal summons is necessary to prevent an immediate danger of domestic abuse to a victim as defined in 363601 4 The affiant has a written police report concerning the incident for which the arrest warrant is sought or it can be verified that the written report is on file with the appropriate law enforcement agency 5 A reasonable likelihood exists that the person will fail to appear in court 6 There are one 1 or more outstanding warrants or criminal summons for the person or 7 The person cannot has not or will not offer satisfactory evidence of identification c Notwithstanding this section if the affiant to an affidavit of complaint for an arrest warrant is the parent or legal guardian of a child who is the victim of alleged criminal conduct no arrest warrant shall issue to the affiant without the written approval of the district attorney general in the district in which the conduct occurred if 1 The person the affiant seeks to have arrested was an employee of an LEA at the time of the alleged offense and 2 The affiant alleges that the LEA employee engaged in conduct that harmed the child of the affiant parent or legal guardian and at the time of the conduct the LEA employee had supervisory or disciplinary power over the child Code 1858 5022 Shan 6981 Code 1932 11520 TCA orig ed 40704 Acts 2003 ch 366 3 2004 ch 889 1 2005 ch 482 3 2009 ch 390 1 00 407 101 Persons by whom arrests made An arrest may be made either by 1 An officer under a warrant 2 An officer without a warrant or 3 A private person Code 1858 5032 Shan 6992 Code 1932 11531 TCA orig ed 40801 00 407 102 Offense in presence of magistrate When a public offense is committed in the presence of a magistrate the magistrate may by verbal or written order command any person to arrest the offender and then proceed as if the offender had been brought before the magistrate on a warrant of arrest Code 1858 5036 Shan 6996Code 1932 11535 TCA orig ed 40802 00 407 103 Grounds for arrest by officer without warrant a An officer may without a warrant arrest a person 1 For a public offense committed or a breach of the peace threatened in the officer39s presence 2 When the person has committed a felony though not in the officer39s presence 3 When a felony has in fact been committed and the officer has reasonable cause for believing the person arrested has committed the felony 4 On a charge made upon reasonable cause of the commission of a felony by the person arrested 5 Who is attempting to commit suicide 6 At the scene of a traffic accident who is the driver of a vehicle involved in the accident when based on personal investigation the officer has probable cause to believe that the person has committed an offense under the provisions of title 55 chapters 8 and 10 The provisions of this subdivision a6 shall not apply to traffic accidents in which no personal injury occurs or o 0 property damage is less than one thousand dollars 1000 unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under 5510401 7 Pursuant to 363619 8 Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four 4 hours after the driver has been transported to a health care facility if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated 5510 401 9 When an officer has probable cause to believe a person has committed the offense of stalking as prohibited by 3917315 or 10 Who is the driver of a motor vehicle involved in a traffic accident who leaves the scene of the accident who is apprehended within four 4 hours of the accident and the officer has probable cause to believe the driver has violated 5510401 b If a law enforcement officer has probable cause to believe that a person has violated one 1 or more of the conditions of release imposed pursuant to 4011150 and verifies that the alleged violator received notice of the conditions the officer shall without a warrant arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer c Unless a law enforcement officer has probable cause to believe that an offense has been committed no officer except members of the Tennessee highway patrol acting pursuant to 47104 shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle Code 1858 5037 Shan 6997 Code 1932 11536 Acts 1957 ch 82 1 1981 ch 401 1 TCA orig ed 40803 Acts 1986 ch 754 1 1990 ch 980 18 1993 ch 484 1 1994 ch 1002 1 1995 ch 507 7 1999 ch 138 4 2005 ch 296 1 2005 ch 482 2 407104 Time of arrest by officer Arrests by officers for public offenses may be made on any day and at any time Code 1858 5033 Shan 6993 Code 1932 11532 TCA orig ed 40804 407105 Assistance to officer acting on warrant Every person shall aid an officer in the execution of a warrant if the officer requires the person39s aid and is present and acting in its execution Code 1858 5035 Shan 6995 Code 1932 11534 TCA orig ed 40805 407106 Notice of authority and grounds for arrest Telephone call a When arresting a person the officer shall inform the person of the officer39s authority and the cause of the arrest and exhibit the warrant if the officer has one except when the person is in the actual commission of the offense or is pursued immediately after an escape b No person under arrest by any officer or private citizen shall be named in any book ledger or any other record until after the person has successfully completed a telephone call to an attorney relative minister or any other person that the person shall choose without undue delay One 1 hour shall constitute a reasonable time without undue delay However if the arrested person does not choose to make a telephone call then the person shall be booked or docketed immediately Code 1858 5038 Shan 6998 Code 1932 11537 Acts 1965 ch 298 1 TCA orig ed 40806 00 407 107 Authority of officer to break in To make an arrest either with or without a warrant the officer may break open any outer or inner door or window of a dwelling house if after notice of the officer39s office authority and purpose the officer is refused admittance Code 1858 5039 Shan 6999 Code 1932 11538 TCA orig ed 40807 00 407 108 Resistance to officer a A law enforcement officer after giving notice of the officer39s identity as an officer may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest b Notwithstanding subsection a the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable and where feasible the officer has given notice of the officer39s identity as an officer and given a warning that deadly force may be used unless resistance or flight ceases and 1 The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or 2 The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury either to the officer or to others unless immediately apprehended c All law enforcement officers both state and local shall be bound by the provisions in this section and shall receive instruction regarding implementation of this section in law enforcement training programs Code 1858 5040 Shan 7000 Code 1932 11539 TCA orig ed 40808 Acts 1985 ch 359 1 1990 ch 980 19 00 407 109 Arrest by private person Grounds a A private person may arrest another 1 For a public offense committed in the arresting person39s presence 2 When the person arrested has committed a felony although not in the arresting person39s presence or 3 When a felony has been committed and the arresting person has reasonable cause to believe that the person arrested committed the felony b A private person who makes an arrest of another pursuant to the provisions of 407109 407115 shall receive no arrest fee or compensation for the arrest Code 1858 5042 Shan 7002 Code 1932 11541 Acts 1965 ch 279 1 TCA orig ed 40816 00 407110 Arrest by private person Time 00 A private person may make an arrest for a felony at any time Code 1858 5034 Shan 6994 Code 1932 11533 TCA orig ed 40817 00 407111 Arrest by private person Notice of grounds A private person making an arrest shall at the time of the arrest inform the person arrested of the cause of the arrest except when the person is in the actual commission of the offense or when arrested on pursuit Code 1858 5043 Shan 7003 Code 1932 11542 TCA orig ed 40818 00 407112 Arrest by private person Notice of intention to make arrest Use of force to enter dwelling house If the person to be arrested has committed a felony and a private person after notice of the person39s intention to make the arrest is refused admittance the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest Code 1858 5044 Shan 7004 Code 1932 11543 TCA orig ed 40819 00 407113 Disposition of person arrested by private person a A private person who has arrested another for a public offense shall without unnecessary delay take the arrested person before a magistrate or deliver the arrested person to an officer b An officer may take before a magistrate without a warrant any person who being engaged in the commission of a public offense is arrested by a bystander and delivered to the officer and anyone arrested by a private person as provided in 407109 407112 and delivered to the officer Code 1858 5041 5045 Shan 7001 7005 Code 1932 11540 11544 TCA orig ed 40820 40821 00 407114 Pursuit after escape If a person arrested escapes or is rescued the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state Code 1858 5046 Shan 7006 Code 1932 11545 TCA orig ed 40822 00 407115 Breaking in to retake escaped prisoner To retake the party escaping or rescued the person pursuing may after notice of that person39s 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 TCA orig ed 40823 00 407 116 Theft Detention of suspect by merchant or peace officer a A merchant a merchant39s 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 3914103 may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes 1 To question the person investigate the surrounding circumstances obtain a statement or any combination thereof 2 To request or verify identification or both 3 To inform a peace officer of the detention of that person or surrender that person to the custody of a peace officer or both 4 To inform a peace officer the parent or parents guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person or 00 5 To institute criminal proceedings against the person b Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on but not limited to 1 Personal observation including observation via closed circuit television or other visual device 2 Report of personal observation from another merchant 3 Activation of an electronic or other type of mechanical device designed to detect theft or 4 Personal observation of dressing rooms including observation via closed circuit television twoway mirrors or other visual devices shall be limited to observation by a person of the same sex as the person being observed No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur c A merchant a merchant39s employee or agent or a peace officer who detains questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention questioning or arrest if the merchant merchant39s employee or agent or peace officer 1 Has reasonable grounds to suspect that the person has committed or is attempting to commit theft 2 Acts in a reasonable manner under the circumstances and 3 Detains the suspected person for a reasonable period of time d The merchant may use a reasonable amount of force necessary to protect the merchant to prevent escape of the person detained or to prevent the loss or destruction of property e A reasonable period of time for the purposes of this section is a period of time long enough to accomplish the purpose set forth in this section and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect if the merchant or the merchant39s employee or agent has summoned a law enforcement officer the parents or a guardian Acts 1957 ch 164 1 3 TCA 40824 40826 Acts 1983 ch 326 2 1990 ch 1030 17 00 407 117 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 DProbable causeD as used in this section includes but is not limited to the statement of a merchant containing facts and circumstances demonstrating that the officer relied on the elements enumerated in 407116b Acts 1957 ch 164 2 TCA 40825 Acts 1983 ch 326 3 1990 ch 1030 18 00 407 118 Use of citations in lieu of continued custody of an arrested person a As used in this section unless the context otherwise requires 1 DCitationD means a written order issued by a peace officer requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time The order shall require the signature of the person to whom it is issued 2 DMagistrateD means any state judicial officer including the judge of a municipal court having original trial jurisdiction over misdemeanors or felonies and 3 A DPeace officerD means an officer employee or agent of government who has a duty imposed by law to i Maintain public order ii Make arrests for offenses whether that duty extends to all offenses or is limited to specific offenses and iii Investigate the commission or suspected commission of offenses and B DPeace officerD also includes an officer employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state b 1 A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer39s presence or who has taken custody of a person arrested by a private person for the commission of a misdemeanor shall issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate If the peace officer is serving an arrest warrant or capias issued by a magistrate for the commission of a misdemeanor it is in the discretion of the issuing magistrate whether the person is to be arrested and taken into custody or arrested and issued a citation in accordance with this section in lieu of continued custody The warrant or capias shall specify the action to be taken by the serving peace officer who shall act accordingly 2 A The provisions of this subsection b do not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by 5510401 unless the offender was admitted to a hospital or detained for medical treatment for a period of at least three 3 hours for injuries received in a driving under the influence incident B The provisions of this subsection b do not apply to any misdemeanor offense for which the provisions of 5510207 or 5512139 authorize a traffic citation in lieu of arrest continued custody and the taking of the arrested person before a magistrate 3 A peace officer may issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate if a person is arrested for A The offense of theft which formerly constituted shoplifting in violation of 3914103 B Issuance of bad checks in violation of 3914121 C Use of a revoked or suspended driver license in violation of 55 50504 5550601 or 5550602 D Assault or battery as those offenses are defined by common law if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant or E Prostitution in violation of 3913513 if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested c No citation shall be issued under the provisions of this section if 1 The person arrested requires medical examination or medical care or if the person is unable to care for the person39s own safety 2 There is a reasonable likelihood that the offense would continue or resume or that persons or property would be endangered by the arrested person 3 The person arrested cannot or will not offer satisfactory evidence of identification including the providing of a fieldadministered fingerprint or thumbprint which a peace officer may require to be affixed to any citation 4 The prosecution of the offense for which the person was arrested or of another offense would thereby be jeopardized 5 A reasonable likelihood exists that the arrested person will fail to appear in court 6 The person demands to be taken immediately before a magistrate or refuses to sign the citation 7 The person arrested is so intoxicated that the person could be a danger to the person39s own self or to others or 8 There are one 1 or more outstanding arrest warrants for the person d In issuing a citation the officer shall 1 Prepare a written order which shall include the name and address of the cited person the offense charged and the time and place of appearance 2 Have the offender sign the original and duplicate copy of the citation The officer shall deliver one 1 copy to the offender and retain the other and 3 Release the cited person from custody e By accepting the citation the defendant agrees to appear at the arresting law enforcement agency prior to trial to be booked and processed Failure to so appear is a Class A misdemeanor f If the person cited fails to appear in court on the date and time specified or fails to appear for booking and processing prior to the person39s court date the court shall issue a bench warrant for the person39s arrest 9 Whenever a citation has been prepared delivered and filed with a court as provided in this section a duplicate copy of the citation constitutes a complaint to which the defendant shall answer The duplicate copy shall be sworn to by the issuing officer before any person authorized by law to administer oaths h Nothing in this section shall be construed to affect a peace officer39s authority to conduct a lawful search even though the citation is issued after arrest i Any person who intentionally knowingly or willfully fails to appear in court on the date and time specified on the citation or who knowingly gives a false or assumed name or address commits a Class A misdemeanor regardless of the disposition of the charge for which the person was originally arrested Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful j Whenever an officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued because of one 1 of the eight 8 reasons enumerated in subsection c the officer shall note the reason for not issuing a citation on the arrest ticket An officer who on the basis of facts reasonably known or reasonably believed to exist determines that a citation cannot be issued because of one 1 of the eight 8 reasons enumerated in subsection c shall not be subject to civil or criminal liability for false arrest false imprisonment or unlawful detention k 1 Each citation issued pursuant to this section shall have printed on it in large conspicuous block letters the following NOTICE FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN 11 MONTHS AND TWENTYNINE 29 DAYS ANDOR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS 2500 2 Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision k1 The signature of each person creates a presumption of knowledge of the notice and a presumption of intent to violate this section if the person should not appear as required by the citation 3 Whenever there are changes in the citation form notice required by this subsection k a law enforcement agency may exhaust its existing supply of citation forms before implementing the new citation forms I The provisions of this section shall govern all aspects of the issuance of citations in lieu of the continued custody of an arrested person notwithstanding any provision of Rule 35 of the Tennessee Rules of Criminal Procedure to the contrary m In cases in which 1 The public will not be endangered by the continued freedom of the suspected misdemeanant 2 The law enforcement officer has reasonable proof of the identity of the suspected misdemeanant and 3 There is no reason to believe the suspected misdemeanant will not appear as required by law the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use ofjail space for dangerous individuals andor felons and by keeping officers on patrol Accordingly the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law Acts 1981 ch 500 1 2 TCA 40827 Acts 1983 ch 200 1 1984 ch 553 1 2 1985 ch 320 18 10 11 1988 ch 932 1 1989 ch 591 113 1991 ch 16 1 1993 ch 241 6870 1996 ch 644 1 2002 ch 619 1 00 407 119 Strip searches restricted a As used in this section Dstrip searchD means having an arrested person remove or arrange some or all of the person39s clothing so as to permit a visual inspection of the genitals buttocks anus female breasts or undergarments of the arrested person b No person arrested for a traffic regulatory or misdemeanor offense except in cases involving weapons or a controlled substance shall be strip searched unless there is reasonable belief that the individual is concealing a weapon a controlled substance or other contraband Acts 1982 ch 759 1 TCA 40828 00 407 120 Release citations for misdemeanants a As used in this section except as otherwise specifically indicated 1 DCitationD 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 2 DMagistrateD means any state judicial officer including the judge of a municipal court having original trial jurisdiction over misdemeanors or felonies b A sheriff or sheriff39s designee may at a county jail issue a release citation to any person who has been arrested for a violation of law which is punishable as a misdemeanor and who has been booked and processed for that violation c The citation shall demand the person cited to appear in court at a stated time and place and it shall state the name and address of the person cited the name of the issuing sheriff and the offense charged The time specified on the citation to appear shall be as fixed by the sheriff issuing the citation d The citation shall be executed in triplicate the original to be delivered to the court specified in the citation one 1 copy to be given to the person cited and one 1 copy to be retained by the sheriff issuing the citation The original citation delivered to the court shall be sworn to by the issuing sheriff before a magistrate or official lawfully assigned that duty by a magistrate The person cited shall signify the person39s acceptance of the citation and the person39s agreement to appear in court as directed by signing the original citation e Whenever a release citation has been prepared accepted and the original citation delivered to the court as provided in this section the original citation delivered to the court shall constitute a complaint to which the person cited must answer and neither the arresting officer nor the sheriff issuing the citation shall be required to file any other affidavit of complaint with the court f The signature of the person cited shall create a presumption of knowledge of notice to appear and a presumption of intent to violate this section if the person should not appear as required by the citation g The citation shall give notice to the person cited that the person39s failure to appear as ordered is punishable as a separate misdemeanor offense Each citation issued pursuant to this section shall have printed on it in large conspicuous block letters the following NOTICE FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO SIX 6 MONTHS ANDOR A TWO HUNDRED FIl I39Y DOLLAR 250 FINE h Any person who intentionally knowingly or willfully fails to appear in court on the date and time specified on the citation commits a separate misdemeanor offense regardless of the disposition of the charge for which the person was originally arrested and upon conviction shall be punished by imprisonment in the county jail or workhouse for not more than six 6 months or by a fine of not more than two hundred fifty dollars 250 or in the discretion of the court by both imprisonment and fine Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful i If the person cited fails to appear in court on the date and time specified the court may issue a bench warrant for the person39s arrest j Nothing in this section shall be construed to affect a sheriff39s authority to conduct a lawful search even though the citation is issued after arrest k No citation shall be issued under the provisions of this section if 1 The person arrested requires medical examination or medical care or if the person is unable to care for the person39s own safety 2 A reasonable likelihood exists that the arrested person will fail to appear in court 3 The person demands to be taken immediately before a magistrate or refuses to sign the citation 4 The person arrested is so intoxicated that the person could pose a danger to the person39s own self or to others 5 There are one 1 or more outstanding arrest warrants for the person 6 There is a reasonable likelihood that the offense would continue or resume or that persons or property would be endangered by the arrested person 7 The person arrested cannot or will not offer satisfactory evidence of identification including the providing of a fieldadministered fingerprint or thumbprint which a peace officer may require to be affixed to any citation and 8 The prosecution of the offense for which the person was arrested or of another offense would thereby be jeopardized I The provisions of this section govern all aspects of the issuance of release citations to an arrested person notwithstanding any provision of Rule 35 of the Tennessee Rules of Criminal Procedure to the contrary n1 No sheriff may issue a release citation as authorized in this section after the issuance of a mittimus n The provisions of this section are intended to be in addition and supplemental to the provisions of 407118 and shall not be construed to supersede the provisions of that section as it exists on July 1 1989 o The provisions of this section do not apply to any county having a metropolitan form of government with a population of more than four hundred seventy thousand 470000 according to the 1980 federal census or any subsequent federal census Acts 1989 ch 556 13 00 407 121 Body cavity searches Warrant requirement Waiver Liability a As used in this section unless the context otherwise requires Dbody cavity searchD means an inspection probing or examination of the inside of a person39s anus vagina or genitals for the purpose of determining whether the person is concealing evidence of a criminal offense a weapon a controlled substance or other contraband b No person shall be subjected to a body cavity search by a law enforcement officer or by another person acting under the direction supervision or authority of a law enforcement officer unless the search is conducted pursuant to a search warrant issued in accordance with Rule 41 of the Tennessee Rules of Criminal Procedure c The issue of whether a person subjected to a body cavity search consented to the search is irrelevant and shall not be considered in determining whether the search was a valid one under the provisions of this section unless the consent is in writing on a preprinted form and contains the following language Waiver of Warrant Requirement and Consent to Search Body Cavities I knowingly and voluntarily consent to have my body cavities searched immediately by law enforcement personnel in the manner provided by the laws of Tennessee By signing this consent form I knowingly and voluntarily waive my right to require that a warrant be obtained from an appropriate judge or magistrate before my body cavities are searched I understand that a body cavity search may involve both visual and physical probing into my genitals and anus I understand that I would not be prejudiced or penalized by declining to give my consent to be searched in this manner d Nothing in this section shall be construed as amending or altering the relevant statutory and common law with regard to strip searches that do not meet the definition of a Dbody cavity searchD e The provisions of this section shall not apply to a body cavity search conducted pursuant to a written jail or prison security procedures policy if the policy requires such a search at the time it was conducted f A law enforcement officer who conducts or causes to be conducted a body cavity search in violation of this section and the governmental entity employing that officer shall be subject to a civil cause of action as now provided by law 9 Body cavity searches conducted pursuant to this section must be performed by a licensed physician or a licensed nurse h No physician registered nurse or licensed practical nurse acting at the written request of a law enforcement officer with a search warrant written waiver or consent to perform a body cavity search shall incur any civil or criminal liability as a result of the search or examination except for any damages or criminal liability that may result from the negligence gross negligence willful misconduct or unlawful conduct of the person conducting the examination or search Neither the hospital nor other employer of health care professionals acting at the written request of a law enforcement officer with a search warrant written waiver or consent to perform a body cavity search shall incur any civil or criminal liability except for negligence gross negligence willful misconduct or unlawful conduct as a result of the act of examination or search Acts 1993 ch 490 1 2002 ch 569 1 Criminal Liability in Private Security Regulatory Law Operate business without a license Employee uncertified security guards employee someone who does not meet standards fail to provide required training Failure to comply with Federal or State regulations regarding OshaTosha Food and drug administration Homeland Security National Labor relations board EPA National Transportation Safety Board Individual Crimes of Interest to Private Security Providers Assault battery Knowingly place another in fear of bodily injury or Knowingly cause bodily injury or Touch or make contact that is provocative or offensive to a reasonable person False Imprisonment Arrest Sieze Detain or Confine Without probable cause to believe they have committed an offense Theft The taking of personal property of another With the intent to deprive the owner of the property permanently the severity ofthe offense varies as to the value of the items taken Homicide 1st Degree Murder The unlawful knowing taking of the life of another With premeditation 2nd Degree Murder The unlawful knowing taking of the life of another Manslaughter The unlawful knowing taking of the life of another In a state of passion prefaced by adequate provocation Misprision ofa Felony Failure to report Failure to attempt to stop Conceal a major offense Compounding a Crime Request accept or agree to accept anything of value In consideration of refraining from reporting a crime or Discontinue the prosecution of a crime Solicitation Command encourage or request another to commit a crime Embezzlement Converting of money or other personal property That is entrusted to their care Extortion To demand payment For the withholding of a public officials39 duty Conspiracy Agreement between tow or more persons to commit a crime Usually requires an overt act on the part ofone ofthe group Defenses Self Defense Defense of Another Defense of Property Wiretapping Crimes Federal 18 USC 2511 any person who Intentionally intercepts or endeavors to intercept any wire oral or electronic communication Intentionally use any device to intercept a wire oral or electronic communication Discloses or attempts to disclose the content of any wire oral or electronic communication that was obtained by illegal wiretap Intentionally uses the content of any such communication knowing it was intercepted Shall be ned or imprisoned for a term of no more than 5 years or both 18 USC 2512 Illegal to manufacture distribute possess or advertise wire oral or electronic device Wiretapping Tennessee Law TCA 3913601 3913602 violation of 391 3601 is a class D felony 3913603 Establishes civil penalties for a violation of 391 3601 Foreign intelligence Surveillance Act of 1978 Enacted in the wake of perceived abuses of government agencies by former President Nixon Using Federal agencies to spy on political opposition FISA was introduced by Senator Ted Kennedy in an effort to create safeguards to limit future abuses FISA was signed into law by President Jimmy Carter in 1978 Permits electronic surveillance in 2 circumstances Without a court order The president may authorize electronic surveillance without a court order for a period of1 year for foreign intelligence ofa foreign power or their agents and there is no likelihood of acquiring communication ofa US person AG must report these facts to the FISC and the Senate select committee With a court order The government may seek a surveillance order from the Foreign Intelligence Surveillance Court FISC created by the act to oversee the issuance of such orders The court is required to determine probable cause of the following priorto issuing an order 1 the target ofthe surveillance is a foreign power or agent of a foreign power 2 the place for which the surveillance is requested is used or will be used by that foreign power or its agent 3 the surveillance is not likely to capture communication ofa US person Physical searches The act allows for physical searches of property maintained or used by a foreign power Based on FISC order Lone Wolf Provision 2004 set to expire May 31 2011 extended Allows FICS courts to issue surveillance orders on individual terrorists who cannot be connected to a foreign government or terrorist group Moussaoui The Patriot Act The Patriot Act was signed into law 43 days after the attacks on September 11th 2001 The act is divided into ten sections titles Each title is divided into sections for a total ofwell over 300 The purpose of the act was to give law enforcement and national security organizations the tools necessary to deal with terrorism Title I Enhancing Domestic Security Against Terrorism Section 104 Authorizes attorney general to request the Sec of Defense to provide assistance in support Dept of Justice activates relating to the use of weapons of mass destruction during an emergency situation involving such a weapon Title II Enhanced Surveillance Procedures Section 201 Expanded the types of crimes to which a wiretap could be sought to include Chemical weapons offenses certain homicides and other acts of violence agains US nationals occurring outside ofthe US use ofweapons of mass destruction violent acts ofterrorism transcending national boarders financial transactions with countries that support terrorism material support ofterrorism or terrorist organizations Still requires a court to issue the order based on probable cause Section 202 Expands the list of crimes that authorized to seek wiretaps orders to include Felony offenses of computer fraud computer espionage extortion intentionally damaging a federal computer Prior to the Patriot Act federal law prohibited law enforcement from sharing information derived from wiretaps and other types of investigative techniques with national security officers or intelligence agencies even if it related to impending terrorist attacks Section 203 Was one of several sections meant to deal with this communication problem Foreign intelligence information uncovered in a criminal investigation may now be passed on to other federal agencies Section 206 Allows roving wiretaps of persons rather than of locations or specific
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