HB0959/SB1108 Would require Feds to get permission from Sheriff for arrests/searches

[Fallguy]

Criminal Procedure - As introduced, provides that a federal employee who is not designated as a Tennessee peace officer may not make an arrest or conduct a search and seizure in this state without the written permission of the sheriff of the county in which the arrest, search and seizure will take place except under certain circumstances. - Amends TCA Title 38, Chapter 3, Part 1.

For more see HB0959/SB1108

While I doubt it will ever pass, I like the idea overall.

[1gewehr]

Ditto. I don't see anything wrong with this, and several things that are very right!

[JAB]

I'd like to know what the 'certain circumstances' which are excepted are. It would make sense if the law said, "except when the Sheriff, an officer or staff member of the Sheriff's office or person with known connections to or official influence over the Sheriff is the subject of the seearch and/or arrest."

Too many more exceptions than that and it starts becoming a 'feel good' bill that will have no teeth.

EDIT: I read the actual bill summary and it looks like the 'exceptions' are pretty much the ones I listed (with a couple more sensible ones that didn't occur to me.) Looks pretty good!

Edited March 31, 2011 by JAB

[Reservoir Dog]

Nevermind. I just saw this was for non-Federal offenses.

Edited March 31, 2011 by Reservoir Dog

[Guest 6.8 AR]

I like that bill, also. May not go far enough, but it is in the right direction.

[CQB Elite]

I think the House & Senate should spend their time on more important things than this. It's simply ridiculous. I have no problem with a Fed doing their job.

I know little of the structure of TN law enforcement. I was a LEO back in my home state of Florida. In FL there are 67 Sheriffs, all of whom are Constitutional officers. They are the supreme LE in the county. All city and state LE operate under the authority of the Sheriff. When I was a Deputy I had the authority to tell any other LEO to leave a call, accident or whatever. I never did and never heard of anyone doing it. After I left the SO and became a state investigator I never had a Deputy tell me what to do. I respect Feds cause I have served side by side with a lot of them and would kick a door in with them anytime.

[Fallguy]

What I find sad is that so many people seem to think the legislature can not deal with several issues or bills at once based on some post here and what I've seen in the paper.

Besides just because a bill has been introduced doesn't mean that is the only thing discussed by any legislator until it is dealt with. Most of the time after it starts the committee process, it really doesn't take up anyone's time but the sponsors until he decides to start moving it.

[CQB Elite]

What I find sad is that so many people seem to think the legislature can not deal with several issues or bills at once based on some post here and what I've seen in the paper.

Besides just because a bill has been introduced doesn't mean that is the only thing discussed by any legislator until it is dealt with. Most of the time after it starts the committee process, it really doesn't take up anyone's time but the sponsors until he decides to start moving it.

Thanks for clearing that up. My grad school Poli Sci profs were not too clear on the process....