Tenn. Code § 38-3-113

Current through Acts 2023-2024, ch. 1069
Section 38-3-113 - Federal officer making arrest for nonfederal offenses - POST-certified law enforcement officer making arrest outside of officer's jurisdiction
(a) A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances:
(1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or
(3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
(b) A POST-certified law enforcement officer in this state who is employed full-time by a county, municipality, or metropolitan form of government and authorized to make arrests shall, when making an arrest in this state for a crime that was committed outside of the law enforcement officer's jurisdiction, have the same legal status and immunity from suit as a state or local law enforcement officer making an arrest within the state or local law enforcement officer's jurisdiction if the arrest is made under the following circumstances:
(1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or
(3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.

T.C.A. § 38-3-113

Amended by 2021 Tenn. Acts, ch. 336, s 1, eff. 5/4/2021.
Acts 1989, ch. 135, § 1.