A warrant of arrest is an order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant. Code 1858, § 5023; Shan., § 6982; Code 1932, § 11521; T.C.A. (orig. ed.), § 40-706.
For the apprehension of persons charged with public offenses, magistrates are authorized within their jurisdiction, to issue warrants of arrest, under the rules and regulations prescribed in this part. Code 1858, § 5019; Shan., § 6978; Code 1932, § 11517; T.C.A. (orig. ed.), § 40-701.
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 […]
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, § […]
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 […]
Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons […]
The warrant of arrest may be substantially as follows: State of Tennessee, County of . To any lawful officer of the state: Information on oath having been made to me that the offense of (designating or describing it) has been committed, and accusing C. D. thereof: You are, therefore, commanded, in the name of the […]
The warrant should specify the name of the defendant, but if it is unknown to the magistrate, the defendant may be designated in the warrant by any name. It should also state the offense either by name, or so that it can be clearly inferred. It should also show, in some part, the county in […]
The warrant should be directed to any lawful officer of the state, but if executed by any officer having authority, it is valid without regard to its direction. Code 1858, § 5024; Shan., § 6983; Code 1932, § 11522; T.C.A. (orig. ed.), § 40-710.
A warrant may be executed by any sheriff, or officer acting as sheriff, or the sheriff’s deputy, or marshal, or police officer of any city or town, acting within the sheriff’s county, or by any person otherwise authorized by law. The reference to “sheriff” or “deputy sheriff” in this section also includes constables in counties […]
When the person accused has fled, or resides out of the county where the offense was committed, the warrant may issue to any lawful officer of any county in the state, and the accused may be brought before the magistrate issuing the warrant, or any other magistrate. Code 1858, § 5029 (deriv. Acts 1822, ch. […]
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 […]
The magistrate issuing the warrant may empower any law enforcement officer to execute the warrant anywhere in the state. Code 1858, § 5030; Shan., § 6990; Code 1932, § 11529; T.C.A. (orig. ed.), § 40-714; Acts 1993, ch. 241, § 66.
Clerks of courts of general sessions and their duly sworn deputies have jurisdiction and authority, concurrent with that of the judges of the general sessions court, to issue warrants for the arrest of persons.
As an alternative to an arrest warrant as provided in § 40-6-205, the magistrate or clerk may issue a criminal summons instead of an arrest warrant. In determining whether to issue a criminal summons or an arrest warrant as provided in § 40-6-205, this subsection (a) shall apply: If a single or multiple affiants are […]
A criminal defendant or such defendant’s attorney shall have the right to request and receive at a reasonable time a copy of any warrant or summons issued pursuant to this part that is served upon the defendant. Any agency, department or employee or agent of an agency or department who knowingly refuses to provide a […]
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 […]
