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TN HB0850

TN HB0850
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 38; Title 39; Title 40 and Title 44, relative to searches.


summary

Introduced
02/04/2025
In Committee
02/06/2025
Crossed Over
Passed
Dead

Introduced Session

114th General Assembly

Bill Summary

As introduced, requires officials who are employed or contracted by the federal government, the state government, or a local government within this state, or an agency or department thereof, to obtain a search warrant that identifies the person or property that is the subject of the search before entering private property, unless a judicially recognized exception to the warrant requirement exists. - Amends TCA Title 4; Title 8; Title 38; Title 39; Title 40 and Title 44.

AI Summary

This bill requires government officials, including peace officers, inspectors, and wildlife officials at federal, state, and local levels, to obtain a search warrant before entering private property for a search. The search warrant must specifically identify the person or property being searched, in accordance with existing Tennessee search warrant laws (§ 40-6-106). However, officials are not required to obtain a warrant if a judicially recognized exception to the warrant requirement exists, such as imminent danger, consent, or evidence in plain view. If an official knowingly enters private property without a required warrant, they would commit a Class C misdemeanor, which is typically punishable by a fine and/or a short jail term. The law is set to take effect on July 1, 2025, and aims to strengthen Fourth Amendment protections against unreasonable searches by ensuring government officials have proper legal authorization before accessing private property.

Committee Categories

Justice

Sponsors (11)

Last Action

Placed on s/c cal Criminal Justice Subcommittee for 4/7/2026 (on 04/01/2026)

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