Tenn. Comp. R. & Regs. 0940-02-04-.03

Current through December 26, 2024

Section 0940-02-04-.03 - DEFINITIONS

As used in this chapter, unless the context requires otherwise, terms shall have the following meanings:

(1) Administrative inspection - a principally visual inspection of a cursory and limited nature to permit the viewing of the contents of packages, containers, and the passenger and trunk area of motor vehicles.

(2) Consent - clear, unequivocal and entirely voluntary permission to conduct an administrative inspection or search given by the subject thereof or the controller of property subject thereto.

(3) Contraband - any item expressly prohibited or limited in its use, possession or presence on facility grounds by law or by departmental or facility rules, policy or procedures.

(4) Department - the department of mental health and mental retardation.

(5) Employees - all workers on the staff of any division, facility or office of the department.

(6) Exigent circumstances - situations in which facts indicate that immediate action is necessary to prevent danger or to prevent loss or destruction of evidence during the delay required to obtain a warrant.

(7) Patients - persons under evaluation, care or treatment in a facility operated by the department for the mentally ill.

(8) Probable cause - a factual ground for belief sufficient to cause a reasonably prudent person to conclude that a crime has been or is being committed, or that contraband or evidence of a crime will likely be found in a particular place or area.

(9) Residents - persons under evaluation, care, training or treatment in a facility operated by the department

(10) Search - Any physical examination of a person or a person's clothing, or a thorough examination of a package, container, or vehicle.

(a) Frisk search - a search in which a person being searched is not required to remove his or her clothing.

(b) Strip search - a search in which a person being searched is required to remove or rearrange some or all of his or her clothing.

(c) Visual body cavity search - the visual inspection of a person's body cavities made without touching the person being searched physically or with instruments.

(d) Manual body cavity search - an inspection of mouth, ear, nose, anal or vaginal body cavities performed only by authorized medical or nursing staff utilizing the fingers or appropriate instruments.

(11) Visitors - persons other than department employees who enter facility grounds.

Tenn. Comp. R. & Regs. 0940-02-04-.03

: Original rule filed October 2, 1986; effective November 16, 1986.

Authority: T.C.A. §§ 33-1-203, 33-1-204 and 33-1-205.