West TN Chapter TFA Meeting, Thursday November 10, 2011

[C. Richard Archie]

The Stated Meeting of the West TN Regional Chapter of the Tennessee Firearms Association will be held Thursday, November 10, 2011, at Brooks Shaw and Sons Old Country Store, located in the Casey Jones Village, Jackson, TN.

Our featured Speaker will be David Nance, noted local Conservative Activist and Chairman of the Tennessee 8th District Tea Party Coalition . David will be speaking on the Constitutional Sheriff's proposed legislation that is gaining strength in Tennessee. There will be a question and answer session to complete the meeting.

We will meet at 5:30 for those who care to share a meal and fellowship, the meeting proper will begin at 7:00.

Membership is not a requirement to attend, all are welcome.

[David Lewis]

[C. Richard Archie]

SB 1108 by *Campfield. (*HB 0959 by *Dunn.)
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.
Fiscal Summary
NOT SIGNIFICANT
Bill Summary
This bill rewrites the provisions governing federal officers making arrests for nonfederal offenses. PRESENT LAW Under present law, a sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, when making an arrest in this state for a nonfederal offense, has the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances: (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence; (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer. THIS BILL This bill rewrites the above provisions and imposes additional limits on the authority of federal employees to make arrests, searches and seizures in this state. Under this bill, a federal employee who is not designated by state law as a Tennessee peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless: (1) The arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been expressly ceded to the United States by a Tennessee statute; (2) The federal employee witnesses the commission of a crime the nature of which requires an immediate arrest; (3) The arrest, search, or seizure is under the criminal procedures laws of this state; (4) The intended subject of the arrest, search, or seizure is an employee of the sheriff's office or is an elected county or state officer; or (5) The federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure. The county sheriff or designee of the sheriff may refuse permission to make an arrest or conduct a search or seizure for any reason that the sheriff or designee considers sufficient. A federal employee who desires to make an arrest or conduct a search or seizure under (4) must obtain the written permission of the attorney general and reporter for the arrest, search, or seizure unless the resulting delay in obtaining permission would probably cause serious harm to one or more individuals or to a community or would probably allow time for flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general and reporter may refuse the permission for any reason that the attorney general considers sufficient.
A federal employee who desires to make an arrest or conduct a search or seizure under (5) must obtain the written permission of the attorney general and reporter. The request for permission must include a written statement, under oath, describing the federal employee's probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient. This bill requires that a permission request contain: (1) The name of the subject of the arrest, search, or seizure; (2) A clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause; (3) A description of the specific things to be searched for or seized; (4) A statement of the date and time that the arrest, search, or seizure is to occur; and (5) The address or location where the intended arrest, search, or seizure will be attempted. The permission will be valid 48 hours after it is signed. An arrest, search, or seizure or attempted arrest, search, or seizure in violation of this bill is unlawful, and the persons involved would be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved would also be charged with any other applicable criminal offense. The county attorney would prosecute once a claim of violation has been made by the county sheriff or designee of the sheriff, and failure to prosecute subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct. This bill states that pursuant to the tenth amendment to the United States constitution and this state's compacts with other states, the general assembly declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.