Tennessee § 8-10-120 - Constable patrol cars.

§ 8-10-120. Constable patrol cars.

Constable patrol cars may be white with a brown stripe running horizontally along the upper side. This color scheme shall not be used by any other state or local law enforcement official or agency; provided, that any state or local law enforcement official or agency that is using such color scheme on March 29, 1996, may continue to use such color scheme. When adopted for use by a county constable, the stripe design and other emblems and lettering shall conform to the official uniform markings adopted by the Tennessee Constable Association or the Tennessee Constable Council on file with the director. Constable patrol cars which conform to the description in subsection (a), which are being operated as provided in § 55-9-414, and which are used as emergency vehicles, may be equipped with blue lights and/or red lights and sirens. Nothing in this section shall prohibit a county constable from operating unmarked cars for other law enforcement purposes. Any constable operating a patrol car and using the lights described in this section must have graduated from the last calendar date in-service sponsored by the Tennessee Constable Association or the Tennessee Constable Council. Each constable shall be responsible for all costs in marking patrol cars. This section shall not apply in any county which has removed from constables any law enforcement powers. This section does not apply in counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census. Acts 1996, ch. 686, §§ 3, 4; 2004, ch. 655, §§ 2, 3. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2004, ch. 655, § 7 provided that nothing in the act shall be construed or interpreted to authorize any constable or any constable organization to alter or amend the requirements of title 8, chapter 10, part 1, relative to authorized official uniforms for constables or the markings of constable patrol cars. Acts 2004, ch. 655, § 8 provided that the Tennessee general assembly recognizes that the Tennessee Constable Council is a valid constable organization dedicated to enhancing the professionalism of Tennessee constables. The Tennessee Constable Council shall elect its own officers, set its own dues, determine its own eligibility requirements, and prescribe its own training and teaching requirements. No state funds shall be appropriated to the Tennessee Constable Council. The Tennessee Constable Council is not a governmental entity and is not subject to the governmental entity review law, compiled in title 4, chapter 29. Attorney General Opinions. In-service training requirement for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99). Traffic stops by constables in their personal vehicles, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99). Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99). Collateral References. Authority of Public Official, Whose Duties or Functions Generally Do Not Entail Traffic Stops, To Effectuate Traffic Stop of Vehicle. 18 A.L.R.6th 519.