§ 40-7-101. Persons by Whom Arrests Made
An arrest may be made either by: An officer under a warrant; An officer without a warrant; or A private person. Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801.
§ 40-7-102. Offense in Presence of Magistrate
When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest. Code 1858, § 5036; Shan., § 6996; Code 1932, § […]
§ 40-7-103. Grounds for Arrest by Officer Without Warrant
An officer may, without a warrant, arrest a person: For a public offense committed or a breach of the peace threatened in the officer’s presence; When the person has committed a felony, though not in the officer’s presence; When a felony has in fact been committed, and the officer has reasonable cause for believing the […]
§ 40-7-104. Time of Arrest by Officer
Arrests by officers for public offenses may be made on any day and at any time. Code 1858, § 5033; Shan., § 6993; Code 1932, § 11532; T.C.A. (orig. ed.), § 40-804.
§ 40-7-105. Assistance to Officer Acting on Warrant
Every person shall aid an officer in the execution of a warrant if the officer requires the person’s aid and is present and acting in its execution. Code 1858, § 5035; Shan., § 6995; Code 1932, § 11534; T.C.A. (orig ed.), § 40-805.
§ 40-7-106. Notice of Authority and Grounds for Arrest — Telephone Call
When arresting a person, the officer shall inform the person of the officer’s authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape. No person under arrest by any officer […]
§ 40-7-107. Authority of Officer to Break In
To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer’s office, authority and purpose, the officer is refused admittance. Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), […]
§ 40-7-108. Resistance to Officer
A law enforcement officer, after giving notice of the officer’s identity as an officer, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest. Notwithstanding subsection (a), the officer may use deadly force to effect […]
§ 40-7-109. Arrest by Private Person — Grounds
A private person may arrest another: For a public offense committed in the arresting person’s presence; When the person arrested has committed a felony, although not in the arresting person’s presence; or When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony. A […]
§ 40-7-110. Arrest by Private Person — Time
A private person may make an arrest for a felony at any time. Code 1858, § 5034; Shan., § 6994; Code 1932, § 11533; T.C.A. (orig. ed.), § 40-817.
§ 40-7-111. Arrest by Private Person — Notice of Grounds
A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause of the arrest, except when the person is in the actual commission of the offense, or when arrested on pursuit. Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § […]
§ 40-7-112. Arrest by Private Person — Notice of Intention to Make Arrest — Use of Force to Enter Dwelling House
If the person to be arrested has committed a felony, and a private person, after notice of the person’s intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest. Code 1858, § 5044; Shan., § 7004; […]
§ 40-7-113. Disposition of Person Arrested by Private Person
A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer. An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by […]
§ 40-7-114. Pursuit After Escape
If a person arrested escapes or is rescued, the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state. Code 1858, § 5046; Shan., § 7006; Code 1932, § 11545; T.C.A. (orig. ed.), § 40-822.
§ 40-7-115. Breaking in to Retake Escaped Prisoner
To retake the party escaping or rescued, the person pursuing may, after notice of that person’s intention and refusal of admittance, break open any outer or inner door or window of a dwelling house. Code 1858, § 5047; Shan., § 7007; Code 1932, § 11546; T.C.A. (orig. ed.), § 40-823.
§ 40-7-116. Theft — Detention of Suspect by Merchant or Peace Officer
A merchant, a merchant’s employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103, may detain that person on or off the premises of the mercantile establishment if the detention is done for […]
§ 40-7-117. Theft of Property Valued at More Than $500 in Retail or Wholesale Establishments — Arrest by Peace Officer Without Warrant
Any peace officer may arrest without warrant any person the officer has probable cause for believing has committed theft of property with a value of more than five hundred dollars ($500) in retail or wholesale establishments. “Probable cause,” as used in this section, includes, but is not limited to, the statement of a merchant containing […]
§ 40-7-118. Use of Citations in Lieu of Continued Custody of an Arrested Person
As used in this section, unless the context otherwise requires: “Citation” means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified […]
§ 40-7-119. Strip Searches Restricted
As used in this section, “strip search” means having an arrested person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of the arrested person. No person arrested for a traffic, regulatory or misdemeanor offense, except in cases […]
§ 40-7-120. Release Citations for Misdemeanants
As used in this section, except as otherwise specifically indicated: “Citation” means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and “Magistrate” […]