Examination of Affiant

1. Law
2. Tennessee Code
3. Criminal Procedure
4. Warrants
5. Arrest Warrants
6. Examination of Affiant

1. 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.
2. 1. The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously.
   2. Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant.

Code 1858, § 5020; Shan., § 6979; Code 1932, § 11518; T.C.A. (orig. ed.), § 40-702; Acts 1999, ch. 51, § 1; 2003, ch. 366, § 1.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 1.8.

Law Reviews.

Effective Minor Courts: Key to Court Modernization (James G. France), 40 Tenn. L. Rev. 29 (1972).

Attorney General Opinions. An arrest warrant issued following the steps outlined in a detailed proposal would constitute a valid charging instrument, OAG 00-124 (8/7/00).

Multiple crimes in single warrant.  OAG 15-20, 2015 Tenn. AG LEXIS 20 (3/13/15).

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