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 sheriff, constable or peace officer immediately to search the person or place named for the property specified, and to bring it before the magistrate.
Code 1858, § 5322; Shan., § 7300; mod. Code 1932, § 11901; T.C.A. (orig. ed.), § 40-505.
Cross-References. 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), § 18.84.
Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 27, 28; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 21; 22 Tenn. Juris., Searches and Seizures, § 6.
Attorney General Opinions. Magistrate may identify deficiencies in a warrant application or affidavit and inform a requesting officer what is needed to cure such deficiencies without abandoning his or her judicial role as a neutral and detached magistrate. OAG 14-10, 2014 Tenn. AG LEXIS 11 (1/16/14).