Title 40, Criminal Procedure

The term or terms of the judicial commissioner or commissioners shall be established by the majority of general sessions judges of the county and in no event shall the term or terms exceed four (4) years. No employee, officer or official of the metropolitan government shall be el…

The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the majority of general sessions judges of the county and subject to the approval of the legislative body. Fees established and authorized by § 8-2…

(a) The judicial commissioner or commissioners shall be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges. (b) In a county with more than one (1) general sessions judge in which the judici…

(a) There is created a pilot project to provide for criminal magistrates in the ten (10) counties in which the criminal courts experience the highest judicial caseload, as determined by the comptroller of the treasury in the annual weighted caseload study, required by § 16-2-513.…

(a) Upon being notified of eligibility under § 40-5-301, the legislative body of an eligible county may, by ordinance, create the position of criminal magistrate within the county. (b) Following enactment of such an ordinance, but no sooner than January 1, 2027, the judges of the…

(1) The duties of the criminal magistrate are to:(1) Conduct arraignments, pursuant to Rule 10 of the Tennessee Rules of Criminal Procedure;(2) Conduct initial appearance hearings, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, and set initial appearance bonds, …

(a) The term of a criminal magistrate is four (4) years. The criminal magistrate may be removed from office by majority vote of the judges of the county with criminal jurisdiction. (b) The criminal magistrate must be compensated from the general fund of the county in an amount to…

A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding the sheriff, constable or peace officer to search for personal property, and bring it before the magist…

(1) A search warrant may be issued on any one (1) of the following grounds:(1) Where the property was stolen or embezzled;(2) Where the property was used as the means of committing a felony;(3) Where the property is in the possession of any person with the intent to use it as a m…

A search warrant can only be issued on probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.

The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending t…

(a) The magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, shall issue a search warrant signed by the magistrate, directed to the sheriff, any constable, or any peace officer, commanding the sh…

The warrant may be substantially in the following form:State of Tennessee,County of .To the sheriff or any constable of the county:Proof by affidavit having been made before me by A. B., that (stating the particular grounds of the application; or, if the affidavits are not positi…

(a) A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void. (b) All search warrants in this state may be executed either in the daytime or in the nighttime.

(a) Notwithstanding any law to the contrary, any evidence that is seized as a result of executing a search warrant issued pursuant to this part or pursuant to Tennessee Rules of Criminal Procedure Rule 41 that is otherwise admissible in a criminal proceeding and not in violation …

(a) A law enforcement officer, a district attorney general or the district attorney's designee, or the attorney general or the attorney general's designee may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining to the co…

(a) As used in this section:(1) “Cellular telephone” means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones;(2) “Cellular telephone data” means any data that is stored in a cellul…

A law enforcement officer may execute a search warrant for medical records or a test to determine the alcohol or drug content, or both, of a person's blood anywhere in this state.

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.

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.

(a) 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. (b) (1) The examination of the aff…

(a) 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. (b) The affidavit of complaint must contain instructions informing the…

(a) 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 …

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, pr…

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,…

(a) 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. (b) It should also state the offense either by name, or so that it can be clearly inferred. (c) It should also show, in so…

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.

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 …

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.

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 exec…

The magistrate issuing the warrant may empower any law enforcement officer to execute the warrant anywhere in the state.

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.

(a) 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 ap…

(a) 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. (b) Any agency, department or employee or agent of an agency or …

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 a…

This part and §§ 39-13-601 — [former] 39-13-603 [repealed] shall be known and may be cited as the “Wiretapping and Electronic Surveillance Act of 1994.”

(a) 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 jurisdict…

(1) As used in this part and §§ 39-13-601 — [former] 39-13-603 [repealed], unless the context otherwise requires:(1) “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…

(a) 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 …

(1) 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 respon…

(a) Any investigative or law enforcement officer who, by any means authorized by this part or §§ 39-13-601 — [former] 39-13-603 [repealed], has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such conte…

Whenever a wire, oral or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in a trial, hearing, or other proceeding in or before any court, grand jury, department, officer, age…

(a) Within thirty (30) days after the expiration of an order or each extension of an order entered under § 40-6-304(c) and (e), or the denial of an order approving an interception, the issuing or denying judge shall report to the attorney general and reporter:(1) The fact that an…

Notwithstanding any other provision of law to the contrary, this part and §§ 39-13-601 — [former] 39-13-603 [repealed] shall govern the interception and use of wire, oral and electronic communications in this state.

Any ambiguity in this part or §§ 39-13-601 — [former] 39-13-603 [repealed] shall be resolved in favor of the aggrieved party and against the state.

Any circuit or criminal court judge may issue a pen register or trap and trace order pursuant to the provisions and requirements of 18 U.S.C. § 3123 et seq.