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 magistrate.
Code 1932, § 11897; T.C.A. (orig. ed.), § 40-501.
Cross-References. Definition of magistrate, §§40-1-106,40-5-101.
Persons whose compensation is contingent upon issuance or nonissuance are prohibited from issuing a search warrant, an arrest warrant or mittimus, §40-5-106.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 18.80, 18.89, 18.108.
Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 28; 22 Tenn. Juris., Searches and Seizures, §§ 2, 3.
Law Reviews.
Search and Seizure — Tennessee Concepts, 22 Tenn. L. Rev. 527.