Persons by Whom Arrests Made

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An arrest may be made either by:

  1. An officer under a warrant;
  2. An officer without a warrant; or
  3. A private person.

Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801.

Cross-References. Authority of a police officer to arrest without a warrant, §40-7-103.

Child, taking into custody, §37-1-113.

Coroner's inquest, arrest after, §§38-5-115,38-5-116.

Exemptions from arrest, national guardsmen, §58-1-226.

Parole violator, arrest of, §40-28-121.

Refusal of official to perform duties, §39-16-402.

Society for prevention of cruelty to animals, authority of agents to make arrests, §39-14-210.

Warrant, arrest on, title 40, ch. 6, part 2.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.8, 18.153, 18.161.

Law Reviews.

At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power (William D. Mercer), 43 U. Mem. L. Rev. 379 (2012).

The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976).

Attorney General Opinions. A law enforcement officer working off-duty retains full arrest powers, OAG 02-002 (1/2/02).

Security officers have the same power of arrest as that afforded to private citizens, OAG 03-018 (2/19/03).

Licensed security officers may make an arrest as private citizens as authorized under Tennessee law, OAG 03-148 (11/17/03); OAG 03-149 (11/17/03).

A search incident to an improper arrest may subject a private person, and possibly his or her employer, to liability, OAG 03-148 (11/17/03).


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