Police department database

[redbarron06]

in light of the showing of Ronal Serpas and several other CLEOs today (some of which drove all the way from Memphis on the taxpayers dime) at the announcement of that Phil B is going to VETO the restrauant bill I have an idea.

Now knowing that it is also illegal for officers to carry in the same places that we are trying to get the right to carry Ithink it is time that we back up the entire system with complaints demanding investigations of officers who are breaking the same law they are trying to keep from being changed for us.

For example I am here in Davidson County and have seen police in uniform on several occasions eating at places ranging from mexican or Hooters for lunch to mom and pops meat and 3 (plus a beer) for dinner. Now I have not seen any of the officers actually drinking while in uniform but the fact that they are in a place that serves alcohol and armed is breaking TN law. What would be the best number to call Metro to open a complaint about that officer breaking the law. Would it be Internal Affairs, a local precinct or Chief Serpas' office directly. Just imiagine how busy IAD would be if everybody on here that saw an officer in Hooters at lunch called and filed a complaint about it. Just for Nashville I bet they could spend the better part of a week on complaints recieved in one day. How is that going to look when we go to Mayor Dean and say your police chief is not enforcing the law. Or even better we file charges againt Serpas for failure to keep his oath or something to that extent. It would be even better if we could call the police everytime we caught an officer in a resturaunt that serves wearing his gun. Let them start answering calls on thier brothers in blue.

[johnharris]

I would call and start writing the district attorney and the chief's office and copying the letters to all of the 4 local TV stations.

[falcon1]

TCA 39-17-1305 does not apply to law enforcement officers on duty:

39-17-1305. Possession of firearm where alcoholic beverages are served. —
(a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.
(b) A violation of this section is a Class A misdemeanor.
(c) The provisions of subsection (a) shall not apply to a person who is:
(1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or
(2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]

ETA: I just saw the other thread on this issue...eating a meal during one's shift would, in my non-attorney opinion, definitely still be considered "in the line of duty." If a drunk were to crash into a fast-food restaurant and injure the officer, would one contend that departmental insurance should not cover the injury, since eating lunch wasn't an "official duty?"

[johnharris]

Although there are no cases on point that I am aware of, I take the position that each word in the phrase "actual discharge of official duties" does not include eating a meal when they have "checked out."

I submit that they agree with that interpretation since Senator Bunch is running a bill to create an exception to this statute for them.

[redbarron06]

OK so how does LOESA factor into this as it claims to supercede any local or state laws.

[ProguninTN]

[kopacko]

[morg]

With all due respect, kopacko

My nephew summed it up rather rudely but correctly:

"If I'm behind the building taking a leak and fall down, I am not covered by department insurance.

If I'm behind the building letting my dog take a leak and I fall down, I am covered by department insurance."

Eating food is not in your line of duty anymore than mine.

Now, do I want you to be armed while in uniform? DARN TOOTING I DO.

[kopacko]

[SomeGuy]

ko,

Let me give you a different scenario, and think it over.

I am a nurse. In an honest and true emergency, I can do a lot of things I cannot do in routine nursing to attempt to save my patient's life, that are expected of me. This may be an example of "In the discharge of my official duties". May I always do these things I may do in an emergent situation? Of course not.

As an officer, "in the discharge of your official" duties can be read the exact same way. When you get a call, you can, and are expected to turn your lights on, and proceed with haste to whatever is going on. Are you supposed to turn the lights on just for fun? Doubtful. Legally, you have an exception to the law, under certain circumstances; just as I am not going to get in trouble if I break your ribs while performing CPR.

Eating is not doing your job. While I see what you would like (to be able to say you are on the clock and given special privileges) just because we want them does not make it so. Eating is discharging a function required by all humans to survive, not your official duties.

[kopacko]

[backwoodsman]

I understand your point, after all if you went in to get your lunch and left your weapon locked in your cruiser while ordering a burger when just at that instant a bad guy starts shooting people, what are you going to do? Throw your night stick at him? I believe this stems from the whole restaurant carry issue,L.E.O.'s eating where alcohol is served, the governors veto ceremony and the like, there are opportunists in all walks of life,and those who go beyond the limits they should as well as those who have self discipline and conduct themselves accordingly. I am grateful to those in law enforcement and I also know they cannot do it all and be all and everywhere at every moment. I would like to see more L.E.O.'s join the T.F.A. , after all when your not on duty , you are one of us.,

[johnharris]

[backwoodsman]

yep, I know John, there I was fishing with some good bait for some membership dues, ,,,lol, that fish is gone, lol

[fl0at]

[kopacko]

[kopacko]

[morg]

Hey guys, I'm not a moderator BUT . . . I don't think anyone is going to change kopacko's idea of what is and is not "on the clock".

Nor is everyone on this list going to understand the mind of a police officer.

In the last 20 years or so we have slid into a "them vs us" mentality about LEO's and civilians.

Trust me when I tell you the hardest hit for an retired officer is to find he is no longer one of "them".

The fact that kopacko gives voice to that other side is to our advantage.

Let's give this one a rest.

I do know where he is coming from:

Back in the 80's a Metro Nashville uniformed officer was leaving Pizza Hut on West End with an arm load of pizzas when a robber walked in.

Of all the customers, guess who was the first one shot?

Morg

[fl0at]

Like Mr. Harris said, there are no cases on point with which to cite precedent, so this entire discussion was merely for the sake of discussing it. Ya know, to broaden our minds and improve social understanding...

But I can agree to disagree, because at this point, it is a moot point. And I know it seemed like stretching ko, but that was because I just wanted to point out that if one thing may not be official duty, then another may not either.

Out of curiosity, these days, where is the best healthy restaurant to eat at?

I mean, when I'm feeling like I haven't had enough PT, I usually go Subway. It'd be nice to find a sit down restaurant where I didn't have to order a salad, because let's face it, the cholesterol in Caesar dressing is going to kill me...

[kopacko]