Tennessee House Bill HB2813

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/5/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 38; Title 39 and Title 40, relative to searches.

Impact

The enactment of HB2813 would provide significant implications for the operations of law enforcement agencies across Tennessee. By mandating that officers secure search warrants prior to entering private property, the bill seeks to enhance the accountability and transparency of police actions. Furthermore, it seeks to protect citizens' rights by ensuring that searches are conducted with proper legal justification, thereby reducing the likelihood of arbitrary or unlawful intrusions onto private property. The bill is set to take effect on July 1, 2024, indicating the state's commitment to reforming search protocols.

Summary

House Bill 2813 proposes amendments to several sections of the Tennessee Code Annotated, specifically focusing on search procedures by law enforcement. A primary requirement established by the bill is that POST-certified law enforcement officers must obtain a search warrant before entering private property to conduct a search, thus reinforcing the necessity of judicial oversight in such operations. The proposed legislation is aimed at strengthening the legal framework governing searches and ensuring adherence to established constitutional protections against unlawful searches.

Contention

Notable points of contention include potential concerns from law enforcement regarding the implications of requiring a search warrant in every instance. There may be arguments from critics who fear that this requirement could impede timely law enforcement actions, particularly in situations where obtaining a warrant might delay critical operations. However, the bill does include provisions for exceptions based on existing judicially recognized exceptions to the warrant requirement, thereby attempting to balance the need for expedient law enforcement with the protection of citizens' rights.