SENATE BILL 1905 By Herron AN ACT to amend Tennessee Code
(b) Unless a recognized exception to the requirement for a search warrant exists to attach a tracking device to a suspect's vehicle
SENATE BILL 963 By Gilmore AN ACT to
AN ACT to amend Tennessee Code Annotated Title 8;. Title 38 and Title 40
CITY OF OAK RIDGE POLICE DEPARTMENT Subject: BODY
16 mai 2013 conducted pursuant to a search warrant issued in accordance with Rule 41 of the. Tennessee Rules of Civil Procedure or the person ...
OFFICE OF THE ATTORNEY GENERAL
24 fév. 2014 school officials do not need a warrant or probable cause before conducting such searches but “the legality of a search of a student should ...
Opinion No. 00-121 Warrant to search third-party residence to effect
17 juil. 2000 While search warrants have traditionally been issued for the seizure of physical items Rule. 41
Opinion No. 01-148 Service of Process/right of process server
24 sept. 2001 Tennessee State Bd. of Ed. v. Cobb 557. S.W.2d 276 (Tenn. 1977). If the “legal writ” involved is a search warrant in a criminal case
Opinion No. 09-88
18 mai 2009 But because evidence in a criminal trial in Tennessee must also be ... facially valid search warrants from a neutral and detached ...
CITY OF OAK RIDGE TLEA Standard: 2.7
22 mai 2020 guaranteed by the federal constitution the Tennessee Supreme Court ... search unless they first show probable cause and obtain a warrant ...
License Search Tips Status Definitions
https://www.tn.gov/content/dam/tn/commerce/documents/regboards/contractors/posts/ContLicenseRosterSearchTips.pdf
OFFICE OF THE ATTORNEY GENERAL
16 jan. 2014 warrant advise the requesting law enforcement officer on how to cure ... sworn statement so it will support probable cause for a search.
S T A T E O F T E N N E S S E E OFFICE OF THE - TNgov
While search warrants have traditionally been issued for the seizure of physical items Rule41 Tennessee Rules of Criminal Procedure allows the issuance of a search warrant for persons aswell Rule 41(b)(4) specifically provides that a search warrant may be issued to search for and seizeany person for whose arrest there is probable cause
What Is A Warrant in Tennessee?
Tennesseewarrants are writs or court orders that authorize law enforcement agents to perform actions that would otherwise be infringements on people’s personal freedoms and rights. Typically, judges, magistrates, or clerks of court issue warrants in Tennessee. Tennessee courtsissue different types of warrants, depending on the need or purpose. Comm...
How to Find Out If You Have A Warrant in Tennessee?
Any individual interested in conducting a Tennessee warrant search may do so through: 1. Criminal history checks 2. Court records requests 3. The local sheriff or county websites Interested persons may request criminal history checks. The Tennessee Bureau of Investigation allows interested parties to conduct personal background checks. Criminal his...
What Is A Tennessee Search Warrant?
A Tennessee search warrant is a legal document that authorizes a law enforcement officer, typically a police officer, peace officer, or other authorized persons, to search a property or person. According to Tennessee’s Search and Seizurerules, criminal investigators, district attorneys, assistant district attorneys, and other law enforcement agents...
What Can Make A Tennessee Search Warrant invalid?
Search warrants must contain certain information, such as the judge’s signature and a description of the person or property to be searched. Without these important details, a warrant may be invalid. Additionally, state law and federal law (the Fourth Amendment to the U.S. Constitution) require the establishment of probable cause before a judge or m...
What Is An Arrest Warrant in Tennessee?
An arrest warrant authorizes law enforcement officers to arrest and detain the person named on the warrant. If a law enforcement officer witnesses a crime, the officer may arrest the perpetrator without a warrant. A law enforcement officer may also arrest an individual without a warrant, provided the officer has probable cause to believe that the d...
What Is A Tennessee Bench Warrant?
In Tennessee, bench warrants are legal authorization for law enforcement agents to arrest persons who fail to comply with court orders. The court issues bench warrants for different reasons. Some of the reasons include failure to respond to a court summons, failure to appear in court as a witness, and failure to pay court fees and fines. Bench warr...
Is a search valid without a warrant?
There are times when police can perform a search without a warrant, and most searches actually do occur without warrants being issued. If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required.
What time can a search warrant be served?
Depending on the state, a search warrant must be carried out between certain times of the day. For example, in California, law enforcement must carry out the warrant between 7 a.m. and 10 p.m. The time limit in most states is 10 days, after which the warrant is voided, and another one needs to be obtained by the courts.
Does my name have to be on the search warrant?
Unless the search warrant has been issued to search a particular place for you, there is no requirement that your name be on it. Even then, a detailed description would be sufficient. An arrest warrant must describe the particular person to be seized.
S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
SECOND FLOOR, CORDELL HULL BUILDING
425 FIFTH AVENUE NORTH
NASHVILLE, TENNESSEE 37243
September 24, 2001
Opinion No. 01-148
Service of Process/right of process server/ refusal of serviceQUESTIONS
1.Does the sheriff or civil process server have the right to enter upon pr
ivate property to serve any legal writ or process?2. Does a citizen or person of the State of Tennessee have the right to ref
use legal service of process?OPINIONS
1.Yes, the process server can go to the dwelling house or usual place of abode of
the intended recipient of the summons, as mandated in Tenn. R. Civ. P. 4.04 . The process server has no right to enter the dwelling itself or the abode itself, absent consent. Of course, if the legal writ in questionis a lawfully issued search warrant, then the search can be made, pursuant to the warrant, without consent.
2.No. A citizen or person has no right to refuse legal service of process. Service
is considered accomplished in spite of the individual's refusal to acce pt it as long as the statutory method of making personal service is pursued by the server. This opinion address es these issues within the scope of civil procedure, not criminal procedure.ANALYSIS
Tenn. R. Civ. P. 4.04 provides in pertinent part:
The plaintiff shall furnish the person making the service with such copies of the summons and complaint as are necessary. Service shall be made as follows: (1) Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of thePage 2
summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served. The statutory method of making personal service is mandatory and must be strictly pursued. O.H. May Co. v. Gutman's, Inc., 1925 WL 1930, 2 Tenn. App. 43 (Tenn. Ct. App. 1925). Service ofprocess of a complaint and summons does not entail entry into the dwelling or usual abode, absent consent
of the owner/occupant. See Tenn. R. Civ. P. 4.04. Specific statutes may prescribe other means ormethods of service for other types of judicial action, e.g. Tenn. Code Ann. § 29-18-115 (service of
summons in forcible entry and detainer cases). Whenever a special statute dealing with a particular type
of judicial action contains specific provisions for process and service, that method, in lieu of the general
provisions of Rule 4, is permissible and may be followed. Tennessee State Bd. of Ed. v. Cobb, 557S.W.2d 276 (Tenn. 1977). If the "legal writ" involved is a search warrant in a criminal case, any premises
described in the warrant can be entered and searched. There is no right to refuse service of process. "The avoidance of authorized service ofproper process by a wilful act or refusal to act on the part of the defendant would create an intolerable
situation and should not be permitted." Merriott v. Whitsell, 476 S.W. 2d 230, 231(Ark. 1972) (citing
Creadick v. Keller, 35 Del. 169, 160 A. 909 (1932); Cherry v. Heffernan, 132 Fla. 386, 182 So. 427(1938)). A person cannot prevent a court from obtaining jurisdiction by refusing service of process that
is tendered by hand. Calabrese v. Trujillo, No. 41786-0-1, 1999 WL 18412 (Wash. Ct. App. Jan. 19,1999) (copy attached). Where a defendant is in close proximity to a process server under such
circumstances that a reasonable person would be convinced that personal service of a summons is being
attempted, the service is complete even though the defendant refuses physically to accept the summons.
Nielsen v. Braland, 264 Minn. 481, 119 N.W.2d 737 (1963). In Nielsen,the court noted that the summons had been left in a place easily accessible to the person being served.
Under the circumstances, his refusal to pick it up or to accept it did not prevent service from being
completed. When service is effected by certified mail or registered letter as provided by statute, thecourts are virtually unanimous in holding that service of process is not defeated by the defendant's refusal
to accept a certified or registered letter. Patel v. Southern Brokers, Ltd., 277 S.C. 490, 289 S.E.2d 642
(S.C. 1982). A person may not deny personal service on the grounds of lack of delivery where the delivery was deliberately prevented by the action of the personPage 3
to be served. . . . Where a statute provides for service by registered or certified mail, the addressee cannot assert failure of service when he wilfully disregards a notice of certified mail delivered to his address under circumstances where it can be reasonably inferred that the addressee was aware of the nature of the correspondence. Hankla v. Governing Board of Roseland Sch. Dist., 46 Cal. App. 3d 644, 120 Cal. Rptr. 827, 834 (Cal. Ct. App. 1975). Refusal of service of process by a defendant in an action can result in entry of a default judgment against that defendant. Huffer v. Cicero, 107 Ohio App. 3d 65, 667 N.E. 2d 1031 (Ohio Ct. App. 1995) (default judgment properly entered against attorney in legal malpractic e action who repeatedlyrefused service of process and ignored mandates of rules of civil procedure, answered untimely and stated
no grounds for excusable neglect). __________________________________PAUL G. SUMMERS
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
MEREDITH DEVAULT
Senior Counsel
Requested by:
Honorable Jim Boyer
State Representative
19 Legislative District
thLegislative Office
112 War Memorial Building
Nashville, Tennessee37243-0119
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