Power of Magistrates

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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.

Code 1858, § 5019; Shan., § 6978; Code 1932, § 11517; T.C.A. (orig. ed.), § 40-701.

Cross-References. Condemned inmate, warrant for, §40-23-118.

Magistrate defined, §40-5-101.

Extradition, governor's warrant of arrest, §40-9-116.

Officials designated as magistrates, §40-1-106.

Person withholding books and property appertaining to public office, warrant of commitment, §8-49-105.

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 Forms (Robinson, Ramsey and Harwell), No. 3-12-5.

Tennessee Jurisprudence, 25 Tenn. Juris., Warrants, § 3.

Law Reviews.

The Tennessee Law of Arrest (Rollin M. Perkins), 2 Vand. L. Rev. 509.

Attorney General Opinions. Authority of magistrate to prohibit the making and signing of an affidavit of complaint, OAG 99-188 (9/22/99).


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