Officials Defined as Magistrates

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The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district.

Code 1858, § 4943; Shan., § 6904; Code 1932, § 11428; Acts 1973, ch. 48, § 1; 1978, ch. 933, § 2; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-114; Acts 1993, ch. 115, § 3; 1993, ch. 241, § 55; 2003, ch. 90, § 2; 2019, ch. 486, § 14.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Amendments. The 2019 amendment added the second sentence.

Effective Dates. Acts 2019, ch. 486, § 15. July 1, 2019.

Cross-References. Magistrates defined, §§40-5-101,40-5-102.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 3.2, 18.81, 18.82.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 19; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 21, 23.

Attorney General Opinions. Judicial commissioners acting as magistrates, OAG 97-093 (6/26/97).

County judicial commissioners are vested with the authority to make a probable cause determination on a warrantless arrest, OAG 01-038 (3/19/01).


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