Fallguy

I too have to go with no type of permit if it truly was a right. I understand that would create a problem on how do you determine if someone is a felon or otherwise not able to lawfully carry and I don't really have an answer.

AFAIK nothing prevents an officer from being employed by more than one agency. Or they may have a mutal aid agreement per 6-54-307 Also there is such a thing as "Special Deputies" as in 8-8-212

That is incorrect. Your DL number and HCP number are the same. When an officer checks your tags your DL/HCP info doesn't automatically come up.

Memphis or the state didn't hire the officer and isn't responsible for their actions, why should they possibly be held liable for them? Even if it was done through private attorneys as you suggest...some smaller cities may not have that in their budget because there officer was in Memphis and decided to act on his own. He can legally act as I've said, he just has no duty to. You yourself have said that they would go around enforcing everything everywhere...so if they can pick and choose...then they for sure have no duty, right? If the have no duty then they basically don't have the privileges or immunity that come with a duty to act. The reason I mention the Chief of Police and Mayor is they are the ones responsible for the officer and the city. If they had to pay a large some to defend the actions of one their officers or pay out a judgment when he acted outside of jurisdiction....there would be a lot of questions to answer.. If something was happening to my son/daughter in east Nashville I wouldn't care if someone had LEO badge, HCP badge, no badge was the King of England or a homeless guy on the street if they could stop it great...if they thought they could stop the attack and didn't...I'd be upset. I agree on former big city cop to TBI agent. I also agree the threats of lawsuits is a big problem in this country period. Also I'm all for doing the right thing, but I'm not sure that means I want every officer in the state acting as an officer all over the state.

My guess would be no on both counts. Although I don't know exactly who pays the benefits for killed in the line of duty, so it may depend. You point something else out though...why should Metro's legal department cover the actions of one their officers while he's in Memphis? Yeah...I didn't say exactly what I meant there. I understand what you are saying... I still don't understand why you think a a Police Officer working for a specific agency should have the police powers that are granted him by the fact he is employed by that agency all over the state? They are not state officers (except THP and TBI of course) they are officer of a certain city. No disrespect to any small town officers...but if you would have some I've seen, know and used to work with...I'm not sure you'd want them running around Nashville thinking they were just like Metro. I'd also be willing to say that Metro doesn't want them to and even more so that their mayor, city attorney etc... doesn't want them to.

I didn't say that...he probably should call a local cop too though. Also I'd be willing to wager had the appeal contained the PC for the stop, the appellate court would have let it stand as a citizens arrest. Nothing is keeping him from acting if he wants to, just like any other citizen can act if they want to. He has all the authority as a private citizen he needs. He just doesn't have any special immunity...which as long as he doesn't do anything unlawful, he shouldn't need. I agree most probably would...I still don't see how their hands are tied....

The state appealed for two reasons...that the officer had authority...but that even if he didn't, he could use a citizens arrest. The trial court dismissed the case because it said the officer did not have authority and the appellate court affirmed that ruling. The "appeal" did not address the authority of using a citizens arrest because the PC was not listed, so the appellate court didn't rule on that. But to me it was fairly clear that that both the trial court and appellate court felt that he was outside of his jurisdiction and therefore did not have police powers. I don't think it is short sided at all....just because you are a LEO for City A doesn't mean you should be running around all over the state enforcing laws.

Yeah I did... The law allows a city officer to serve city warrants anywhere in the county that city is located and a few other things...it is the codes just before and after the one I cited above. AFAIK you have no "legal" duty to act when you are outside your jurisdiction. If you choose to...then you are doing so on your own and not with the backing of the agency you are employed with.

Here is a case you may want to read http://www.tncourts.gov/sites/default/files/coxpaulleonopn.pdf A TVA officer stopped someone about 8 miles from TVA property (he was on his way home). The case was dismissed because he did not have authority and the appellate court affirmed the trial courts decision on appeal by the state. The reason that even a citizens arrest wasn't allowed in the case is because the appeal didn't contain the reason for the stop, so the appellate court couldn't determine if it was justified.

If a gas meter reader is employed by City A, he doesn't read gas meters in City B. Why would be different for police officers? They are employed by certain city to enforce the laws and city ordnances within that city...not to cover the state. The POST commission may come from the state, but they are still employed by a certain city. ...and I guess it is different from state to state. My sister-in-law went through the academy in Michigan, although she wasn't employed by or sponsored by any agency. (In TN you must be employed or sponsored by some agency to go through, one difference) When she graduated she has met all the qualifications for the state of Michigan, but until she was employed by an agency, she had no Police Powers.

Correct. Of course the Metro officer can still make a citizens arrest. ...and in all honesty I think we know it would be treated as if a LEO made the arrest than as a citizen's arrest. (At least by the other LEOs) Yes, hot pursuit applies at least as far as I know. Although so far the only thing I can find dealing with it is for out of state officers entering into TN T.C.A. 40-7-203

T.C.A. 6-54-301 I also still have a copy of the email from the instructor at the Law Enforcement Academy if you want me to repost it.

Got ya....

OS beat me to the punch this time...

I think just about everyone on here has told him to move.... I think he's just trying to do it in a way where he doesn't still owe rent etc....

Hmmmm most of the time if after a certain period of time you haven't paid them, they send the info to the state and they suspended your DL...just ask my daughter. Has you DL status been checked lately?

There is actually a state law that says dogs aren't supposed roam at large. T.C.A. 44-8-408

Listen to him rant and rave till the police get there.

He's not taking away your right if you choose to live there, you are. You can choose to live elsewhere.

Without getting into who...I agree there are some that may not need to be able to carry in public. But I think the government should have to prove they are not worthy instead of us proving we are. If it was truly a right, as it should be...then we should have it automatically...and only after the government has shown cause should they be able to take it away.

Well what happened is as has been said OC is legal without a permit in VA. There was no law against OCing in a place that served alcohol. When the passed the CC permit law, it included not being able to CC in places that served alcohol, but there still wasn't a law against OC. So for a while there was a "loophole" as sometimes happens when new laws are passed. But it has been taken care of now.

Well just a note... When the TN HCP law first passed, you couldn't carry into ANY place that sold alcoholic beverages, including convenience and grocery stores. Thankfully that was changed and even more better the way it is now!!

Well you're right in that I've known of landlords locking people out after being a day late on the rent and other things they can't legally do, but the tenants have no way of doing anything about it. I just didn't get the feeling this place was like that....but can't say why...lol

^^What he said^^

Good point... Of course they have the ability...but not legally able to.