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Jurisdiction, Authority, and Duties of Constables

Posted by: Karen Belcher on Apr 17, 2024

Court: TN Attorney General Opinions

Hearing Date: 03/15/2024

Opinion Number: 6

Question 1: Do constables have arrest powers throughout the entire State of Tennessee?

Opinion 1: No. Constables cannot exercise governmental power to make arrests throughout the entire State of Tennessee.

Question 2: If a constable is tasked with serving process outside the constable’s county, and the constable observes a crime taking place outside the constable’s county, does the constable have authority to make the arrest?

Opinion 2: The scenario described in the question cannot arise. Constables lack authority to serve process outside their county.

Question 3: If a constable does not act to “cause the peace of the state to be kept [and] . . . arrest all persons that go in . . . sight armed offensively” or to “apprehend all felons, rioters, or persons riotously assembled,” would that violate the constable’s oath of office?

Opinion 3: It depends. Constables cannot violate the oath set out in Tenn. Code Ann. § 8-10-108(b) if they lack law enforcement powers or if their failure to act occurs outside their county.

 

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