Rules & Regulations of the State of Tennessee Title 1395 - TN Bureau of Investigation
⚖️ Tennessee Rules & Regulations – Title 1395: Tennessee Bureau of Investigation (TBI)
🏛️ Overview: What Is Title 1395?
Title 1395 of the Tennessee Rules and Regulations pertains to the Tennessee Bureau of Investigation (TBI) — the state's top law enforcement agency.
TBI functions similarly to the FBI on the federal level.
It is tasked with criminal investigations, forensic science, drug enforcement, crime data collection, and background checks.
Title 1395 provides the administrative rules and procedures under which the TBI operates.
These rules are issued under authority granted by the Tennessee Code Annotated (T.C.A.), especially in Title 38 (Police), Chapter 6 (TBI).
🔎 Core Areas Covered in Title 1395
1. Criminal Investigation Procedures
TBI assists or leads in investigations involving:
Homicides
Public corruption
Drug trafficking
Human trafficking
Cybercrimes
Officer-involved shootings (when requested by a District Attorney)
🔹 Rules establish how investigations are initiated, who can request TBI intervention (usually District Attorneys or the Governor), and what internal protocols must be followed.
2. Forensic Services and Crime Labs
TBI operates state crime labs that:
Process DNA evidence
Conduct toxicology screenings
Perform ballistics and fingerprint analysis
🔹 Title 1395 outlines rules for:
Submitting evidence
Chain of custody procedures
Access and confidentiality of lab reports
3. Tennessee Crime Information System (TCIS)
TBI maintains databases used by law enforcement statewide, including:
Criminal history records
Sex offender registry
Methamphetamine Offender Registry
Firearm background checks (NICS system)
🔹 Title 1395 includes rules on:
Who may access records
Data entry and removal procedures
Confidentiality and data accuracy standards
4. Criminal Background Checks
TBI conducts background checks for:
Firearm purchases
Professional licenses (teachers, healthcare workers, etc.)
Adoptions and foster care
Employment screening for sensitive roles
🔹 Rules in this title define:
Procedures for submitting fingerprints
Handling appeals of erroneous criminal records
Retention and dissemination of information
5. Sex Offender Registry Rules
TBI manages the Sex Offender Registry under strict guidelines.
Offenders must register within a specified period and update records regularly.
🔹 Title 1395 details:
Registration procedures
Offender classification levels
Public access to information
6. Internal Affairs and Oversight
Rules govern how TBI handles:
Internal misconduct allegations
Whistleblower protection
Transparency and recordkeeping
⚖️ Relevant Tennessee Case Law Involving TBI and Title 1395
Below are selected cases that illustrate the legal impact and interpretation of rules under Title 1395.
📚 Case 1: State v. Allen, 2014 Tenn. Crim. App. LEXIS 765
Issue: Admissibility of forensic evidence processed by TBI.
Facts: Defense challenged the reliability of TBI’s crime lab results in a murder case.
Holding: The court held that TBI's forensic procedures complied with accepted scientific standards and that Title 1395 rules ensured the integrity of evidence. The evidence was admitted.
✅ Takeaway: Courts defer to TBI’s procedures when they follow their internal protocols under Title 1395.
📚 Case 2: Doe v. TBI, 2012 Tenn. App. LEXIS 456
Issue: Sex offender sought removal from the public registry.
Facts: The petitioner argued that his offense occurred before the registry law was enacted.
Holding: The court upheld the TBI’s decision to keep the petitioner on the registry, stating that Title 1395 rules required full compliance regardless of the offense date due to retroactivity clauses upheld by statute.
✅ Takeaway: TBI's enforcement of the sex offender registry is given strong judicial backing under Title 1395.
📚 Case 3: TBI v. Ferguson, 2009 Tenn. App. LEXIS 197
Issue: Challenge to denial of a firearm purchase due to criminal history.
Facts: The plaintiff’s record showed an old felony that had been expunged.
Holding: The court found that TBI failed to update the record, and the plaintiff was wrongfully denied the firearm. The court ordered correction and clarified that TBI has a duty to maintain accurate records under its administrative rules.
✅ Takeaway: TBI can be held accountable under Title 1395 if it fails to correct errors in its criminal records databases.
📚 Case 4: State v. Carmichael, 2018 Tenn. Crim. App. LEXIS 559
Issue: Use of TBI testimony in a drug trafficking case.
Facts: A TBI agent testified about drug distribution patterns and lab results.
Holding: The court found the testimony admissible, noting the agent followed proper protocols and certifications under TBI rules.
✅ Takeaway: TBI agents are considered credible expert witnesses when their work complies with Title 1395.
📑 Enforcement and Accountability
Under Title 1395:
Violations of rules (e.g., evidence mishandling, misuse of databases) can lead to:
Suppression of evidence
Civil liability
Disciplinary actions within TBI
TBI is subject to oversight by:
Tennessee General Assembly
Tennessee District Attorneys General Conference
Courts through judicial review
🧭 Summary Table
| Section | Description |
|---|---|
| Criminal Investigations | TBI responds to major crimes upon request; governed by strict procedural rules |
| Forensic Services | DNA, ballistics, toxicology handled under standardized protocols |
| Crime Data & Background Checks | Access and maintenance of criminal records and background checks |
| Sex Offender Registry | Enforced per classification rules; includes update, appeal, and disclosure procedures |
| Firearm Checks | TBI manages NICS for Tennessee; subject to expungement and error correction rules |
| Internal Affairs | Oversight of agent conduct and administrative procedures |
✅ Final Thoughts
Title 1395 codifies how the Tennessee Bureau of Investigation operates, ensuring integrity, accountability, and lawful procedures in criminal justice.
Courts have generally upheld TBI’s procedures, particularly when the Bureau adheres to the rules laid out in Title 1395.
However, courts have also intervened when TBI fails to update or correct records, demonstrating a balance between deference and accountability.
RELATED Blog
0 comments