Do private companies that bring drug- or weapons-sniffing dogs into Tennessee public schools need a private investigator license?

Subject

Opinion No. 15-62, License for Providing Canine Detection Services to Public Schools and Private Entities, July 28, 2015

Plain-English summary

Private companies were contracting with Tennessee county high school systems to bring trained dogs onto campus to sniff for drugs, alcohol, prescription medication misuse, and weapons. The Tennessee Private Investigation and Polygraph Commission asked the AG whether those companies need to be licensed under Tennessee's Private Investigators Licensing and Regulatory Act, and whether the answer changes if the services are provided to private clients instead of public schools.

The AG said yes, licensing is required either way. The Act defines an "investigations company" broadly: anyone in the business of obtaining or furnishing information about crimes, persons' conduct or character, lost property, causes of damage, or evidence for use before a court or investigating committee. A canine detection company hits multiple prongs of that definition: they are gathering information about possible crimes (drug possession, weapon possession), they are gathering evidence usable in school discipline or criminal proceedings, and they are looking into the conduct of students and employees. So they need a license.

None of the Act's exemptions covers them. Most importantly, the "governmental officer or employee" exemption in Tenn. Code Ann. § 62-26-223(b)(1) does not apply to independent contractors. A contractor providing services to a school district is not an employee of the school district, and Tennessee law treats independent contractors as separate from the governmental entities they serve.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why is canine detection considered "investigation"?

Because the company is in the business of obtaining information about possible wrongdoing. The Act's definition of "investigations company" includes furnishing information about "[t]he securing of evidence to be used before any court, board, commission, officer or investigating committee" and about the "identity, habits, conduct" or other attributes of a person. Canine detection produces evidence for use in school discipline proceedings or criminal prosecution.

What's the public policy here?

The Private Investigators Act regulates a sensitive field. Investigators handle confidential information, may gather evidence used against people, and operate in ways that touch civil rights. Licensure ensures background checks, training standards, and accountability. The legislature decided these requirements apply when the work has investigative character, regardless of whether the client is public or private.

Why doesn't the "governmental officer or employee" exemption work?

Because it applies to actual government employees, not contractors. Tennessee law (and the AG cited U.S. v. Boyd) distinguishes employees from independent contractors. An independent contractor sets its own methods, uses its own equipment (including the dogs), runs its own business. It is not an employee of the school system even when serving the school's mission.

What if the school district hires its own trainer and dogs in-house?

That would change the analysis. A school system employee performing those duties as part of their job would arguably fit the exemption. The opinion focuses on contractors.

Does this affect law enforcement K-9 units?

No. Police K-9 handlers are government employees performing official duties, squarely within the exemption.

Background and statutory framework

Tennessee's Private Investigators Licensing and Regulatory Act (Tenn. Code Ann. §§ 62-26-202 et seq.) makes it unlawful for any person to act as an investigations company or private investigator without first obtaining a license (Tenn. Code Ann. § 62-26-204(a)). An "investigations company" is defined broadly at Tenn. Code Ann. § 62-26-202(6) to include the business or employment of obtaining information about crimes; the identity, conduct, character, etc. of any person; lost or stolen property; causes of damages or injuries; or evidence for use before any court or investigating committee. A "private investigator" is anyone who performs one or more of those services (§ 62-26-202(10)).

The Act lists exemptions in Tenn. Code Ann. § 62-26-223. Subsection (a) exempts public accountants. Subsection (b)(1) exempts "a governmental officer or employee performing official duties." The AG read "employee" strictly, excluding independent contractors, citing U.S. v. Boyd, 211 Tenn. 139, 164, 166, 363 S.W.2d 193, 204-05 (1962), aff'd 378 U.S. 39 (1964), for the proposition that independent contractors are not employees of the governmental entities they serve.

Citations

• Tenn. Code Ann. §§ 62-26-202 et seq. (Private Investigators Act)
• Tenn. Code Ann. § 62-26-202(6) (definition of investigations company)
• Tenn. Code Ann. § 62-26-202(10) (definition of private investigator)
• Tenn. Code Ann. § 62-26-204(a) (license requirement)
• Tenn. Code Ann. § 62-26-223(a), (b)(1) (exemptions including governmental officer/employee)
• U.S. v. Boyd, 211 Tenn. 139, 363 S.W.2d 193 (1962), aff'd 378 U.S. 39 (1964)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-062.pdf

Original opinion text

Opinion No. 15-62
License for Providing Canine Detection Services to Public Schools and Private Entities

Question 1

Are private entities that provide canine detection services to county high school systems required to be licensed under Tenn. Code Ann. §§ 62-26-202, et seq., also known as the "Private Investigators Licensing and Regulatory Act" (the "Act")?

Opinion 1

Yes. A private entity that contracts to provide canine detection services is acting as an "investigations company" and a "private investigator" as defined in Tenn. Code Ann. § 62-26-202 and must be licensed unless otherwise exempt from the Act. None of the exemptions set forth in Tenn. Code Ann. § 62-26-223 is applicable to entities or their employees that provide these services to county high schools. Specifically, they are not exempt under Tenn. Code Ann. § 62-26-223(b)(1) as "a governmental officer or employee performing official duties" because they are independent contractors, not employees of the county high school systems.

Question 2

Are private entities that provide canine detection services to private entities required to be licensed under the Act?

Opinion 2

Yes. As stated above, a private entity that contracts to provide canine detection services is acting as an "investigations company" and a "private investigator," and is not exempt from the Act under Tenn. Code Ann. § 62-26-223.

ANALYSIS

1. This request concerns private companies and other private legal entities that contract to provide canine detection services to county high school systems. The requestor has informed us that these services use dogs in their efforts to detect the presence of drugs, alcoholic beverages, abused medications, and weapons on high school campuses and grounds.

Pursuant to the Act, "it is unlawful for any person to act as an investigations company or private investigator without first obtaining a license from the commission." Tenn. Code Ann. § 62-26-204(a). An "investigations company" is defined as

any person who engages in the business or accepts employment to obtain or furnish information with reference to:

(A) Crime or wrongs done or threatened against the United States or any state or territory of the United States;
(B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations or character of any person;
(C) The location, disposition or recovery of lost or stolen property;
(D) The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or
(E) The securing of evidence to be used before any court, board, commission, officer or investigating committee[.]

Tenn. Code Ann. § 62-26-202(6).

A "private investigator" is a "person who performs one (1) or more services described in subdivision (6)." Tenn. Code Ann. § 62-26-202(10). However, the Act enumerates several persons who are exempt and, thus, are not required to obtain a license from the Private Investigation and Polygraph Commission. For example, the Act does not apply to "a public accountant and a certified public accountant, or the agent of either, performing duties relating to public accountancy" or "a governmental officer or employee performing official duties." Tenn. Code Ann. § 62-26-223(a) and (b)(1).

Private businesses and their employees providing canine detection services are acting as an "investigations company" and as a "private investigator" under the Act. They are in business to "obtain or furnish information" regarding crimes or wrongs against the State of Tennessee; the identity, conduct, activity, or acts of the students and school employees; and "[t]he securing of evidence to be used before any court, board, commission, officer or investigating committee." Tenn. Code Ann. § 62-26-202(6)(A), (B), and (E). The detection services are used to search for contraband that is illegal in and of itself or because of its possession by minors or on a high school campus. The contraband could be used as evidence by the school system when disciplining the student or school employee, or in criminal proceedings.

Thus, the entities and individuals providing these services are required to obtain licenses under the Act unless they are otherwise exempt. They are not exempt under Tenn. Code Ann. § 62-26-223. Specifically, they are not "a governmental officer or employee performing official duties." Tenn. Code Ann. § 62-26-223(b)(1). Only governmental officers and employees, not private entities contracting with school systems to provide services as independent contractors, are exempt from licensure. Independent contractors are not employees of the governmental entity to which they provide services. U.S. v. Boyd, 211 Tenn. 139, 164, 166, 363 S.W.2d 193, 204-05 (1962), aff'd 378 U.S. 39 (1964). Accordingly, they are not exempt from the Act's licensure requirement.

2. For the reasons explained above, entities and individuals providing the canine detection services are acting as an "investigations company" and a "private investigator" and, thus, are required to be licensed under the Act. None of the exemptions enumerated in Tenn. Code Ann. § 62-26-223 would apply to entities or individuals when providing these services to private entities. Accordingly, they are not exempt from the Act's requirement of licensure.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

NICHOLAS G. BARCA
Senior Counsel

Requested by:
The Honorable Minnie A. Lane, Chair
Tennessee Private Investigation and Polygraph Commission
500 James Robertson Parkway
Davy Crockett Tower
Nashville, Tennessee 37243