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STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL
SECOND FLOOR CORDELL HULL BUILDING
425 FIFTH AVENUE NORTH
Nashville, TENNESSEE 37243-0488
February 7, 2001
Opinion No. 01-020 Review of Bounty Hunter Powers
QUESTIONS
1. Can a bounty hunter carry weapons in Tennessee without a permit from this state or another state?
2. Can a bounty hunter legally break and enter into a residence to make an arrest if it is the suspect’s residence?
3. Can a bounty hunter legally break and enter into a residence to make an arrest if it is not the suspect’s residence?
4. Does Tenn. Code Ann. §40-11-133 apply to bounty hunters arresting a suspect wanted by another state or do bounty hunters arresting a person wanted in another state have to comply with Tenn. Code Ann. §40-9-104 and other applicable extradition statutes?
OPINIONS
1. No. Only law enforcement officers covered under Tenn. Code Ann. §39-17-1315 are exempt from the requirements of Tenn. Code Ann. §39-17-1351, requiring a permit to carry a handgun. A bounty hunter from another state must possess a permit or license in compliance with the requirements of Tenn. Code Ann. 39-17-1351(r)(1).
2. Yes. Tenn. Code Ann. §40-11-133 allows a bounty hunter to arrest a bail jumper "at any place in this state," necessarily including the bail jumpers residence. Tennessee courts would likely conclude that a bounty hunter may, if necessary, use reasonable force to enter the bail jumpers residence.
3. No. Although Tenn. Code Ann. §40-11-133 allows a bounty hunter to arrest a bail jumper "at any place in this state," Tennessee courts would likely conclude that a bounty hunter can not violate applicable criminal statutes with respect to a third party while doing so.
4. Tenn. Code Ann. §40-11-133 applies to bounty hunters arresting a suspect wanted by another state; Tenn. Code Ann. §40-9-104 and other extradition statutes may be applicable to bounty hunters.
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