§ 40-5-101. “Magistrate” Defined

A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. Code 1858, § 5015; Shan., § 6974; Code 1932, § 11513; T.C.A. (orig. ed.), § 40-602.

§ 40-5-102. Officials Who Are Magistrates

The following are magistrates within the meaning of this part: The judges of the supreme court; The judges of the circuit and criminal courts; Judicial commissioners; Judges of the courts of general sessions; City judges in cities and towns; and Judges of juvenile courts. Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; […]

§ 40-5-103. Examination Required Before Commitment

No person can be committed to prison for any criminal matter until examination thereof is first had before some magistrate. Code 1858, § 5017 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6976; Code 1932, § 11515; T.C.A. (orig. ed.), § 40-604.

§ 40-5-104. Subpoena of Witnesses

The magistrate before whom an information is made may issue subpoenas to any part of the state for witnesses on behalf of either the defendant or the state. Code 1858, § 5380 (deriv. Acts 1822, ch. 40, § 1); Shan., § 7358; Code 1932, § 11963; T.C.A. (orig. ed.), § 40-605.

§ 40-5-105. Disposition by Magistrate

The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or […]

§ 40-5-106. Officials Prohibited From Issuing Warrants

No search warrant, arrest warrant or mittimus shall be issued by any state, city or county officer whose compensation is contingent in any manner upon the issuance or nonissuance of a search warrant, arrest warrant or mittimus.