Section 0940-02-04-.08 - PROCEDURES FOR SEARCHES OF EMPLOYEES AND VISITORS(1) Searches of visitors and employees, or their vehicles and other property, shall be conducted only by facility security guards or by such other persons as designated by the Commissioner to exercise the Authority of security guards. This Authority is to be exercised only by employees specifically authorized by the head of a facility to conduct searches.(2) Employees entering a security facility or unit, or visitors to patients or residents in a security facility or unit may be requested to consent to a frisk search prior to the visit. Any visitor refusing consent to this procedure may be denied permission to visit.(3) Searches of visitors and employees are limited to searches not requiring the removal of clothing.(4) Searches, other than as authorized in Part 2 above, of visitors and employees, or of their vehicles or other property, shall be conducted only in the following circumstances: (a) pursuant to a lawful search warrant and limited to the Authority given in the warrant, or(b) with the voluntary consent of the person subject to search, or(c) with the voluntary consent of the person exercising control of property subject to search, or(d) with probable cause in exigent circumstances.(5) Whenever practicable, prior to the search of visitors or employees or of their vehicles or property, a search warrant shall be obtained pursuant to Rule 41 of the Tennessee Rules of Criminal Procedures. Searches without a warrant or voluntary consent are expressly discouraged, and should not be conducted unless a compelling need for an immediate search can be demonstrated.(6) No physical force shall be used by department employees in searches of employees or visitors. When a proposed search is resisted, search efforts shall cease. In appropriate cases, a report should then be made to a local law enforcement agency.Tenn. Comp. R. & Regs. 0940-02-04-.08
: Original rule filed October 2, 1986; effective November 16, 1986.Authority: T.C.A. §§ 33-1-203, 33-1-204 and 33-1-205.