§ 40-6-217. Issuance of Arrest Warrant in Lieu of Criminal Summons
Notwithstanding any other provision of this part or § 40-5-102, to the contrary, a judge who is licensed to practice law in this state and elected for an eight-year term of office may, upon a finding of probable cause, issue an arrest warrant in lieu of a criminal summons under any circumstances and regardless of […]
§ 40-6-301. Short Title
This part and §§ 39-13-601 — 39-13-603 shall be known and may be cited as the “Wiretapping and Electronic Surveillance Act of 1994.”
§ 40-6-302. Legislative Purpose
In order to protect the privacy of wire, oral, and electronic communications, to protect the integrity of court and administrative proceedings, to define, on a uniform basis, the circumstances under which a district attorney general may apply to a court of competent jurisdiction for the interception and use of wire, oral, and electronic communications, to […]
§ 40-6-303. Definitions
As used in this part and §§ 39-13-601 — 39-13-603, unless the context otherwise requires: “Actual damages” means damages given as compensation; damages given as an equivalent for the injury done; damages in satisfaction of, or in recompense for, loss or injury sustained; those damages awarded to a person as compensation, indemnity, or restitution for […]
§ 40-6-304. Order for Electronic Surveillance — Application — Required Findings — Expiration of Order — Recordings — Evidence — Motions to Suppress
Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction in the district where the interception of a wire, oral or electronic communication is to occur, or in any district where jurisdiction exists to prosecute […]
§ 40-6-305. Interception of Communications for Evidence of Certain Crimes
A district attorney general may apply to a judge of competent jurisdiction for, and the judge may grant, in conformity with § 40-6-304, an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made […]
§ 40-6-212. Execution Outside County
When the sheriff, deputy sheriff, coroner or any other officer of any county in this state has possession of a warrant or capias for the arrest of any person charged with the commission of a crime, it is lawful for the sheriff, deputy sheriff, coroner or any other officer to execute that process, and arrest […]
§ 40-6-203. Examination of Affiant
Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it. The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk […]
§ 40-6-204. Contents of Examination
The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it. Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; Acts 2003, ch. 366, § […]
§ 40-6-205. Issuance of Warrant
If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue an arrest warrant. The finding of probable cause shall be based on evidence, which […]