Tennessee Code Annotated
Tenn. Code Ann. § 53-11-410 (2026)
Evidence - Immunity from liability
✓ current as of May 2026
- (a) It is not necessary for the state to negate any exemption or exception in part 3 of this chapter and this part, or title 39, chapter 17, part 4, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under part 3 of this chapter and this part, or title 39, chapter 17, part 4. The burden of proof of any exemption or exception is upon the person claiming it.
- (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
- (c) No liability is imposed by part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties.
Acts 1971, ch. 163, § 37; T.C.A., § 52-1444; Acts 1990, ch. 1030, § 38.
Notes of Decisions
Cited in 4
cases, 1987–2010 · leading case: State v. Francisco, 790 S.W.2d 543 (Tenn. Crim. App. 1989).
State v. Francisco, 790 S.W.2d 543 (Tenn. Crim. App. 1989). “He contends the possession was incident to the performance of his duties as a police officer and was lawful pursuant to T.C.A. § 53-11-410. He says he met the burden of proving the possession was lawful.”
Medley v. Maryville City Beer Bd., 726 S.W.2d 891 (Tenn. 1987). “Opinion of Tennessee Attorney General, Criminal Liability of Law Enforcement Officials Employing Undercover Minor, Dec. 21, 1984.”
State v. Kilpatrick, 327 S.W.3d 64 (Tenn. Crim. App. 2010). “§ 53-11-410 (“It is not necessary for the state to negate any exemption or exception in .”
State of Tennessee v. Bobby Vincent Blackmon (Tenn. Crim. App. 2001). “Tenn. Code Ann. § 53-11-410 (c) specially grants immunity to authorized state, county, or municipal officers in possession of controlled substances where engaged in the lawful performance of such officers’ duties.”
Tenn. Code Ann. § 53-11-410(c): 1 case
Medley v. Maryville City Beer Bd., 726 S.W.2d 891 (Tenn. 1987). “Opinion of Tennessee Attorney General, Criminal Liability of Law Enforcement Officials Employing Undercover Minor, Dec. 21, 1984.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.