Notice of Authority and Grounds for Arrest — Telephone Call

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Arrest
  5. General Provisions
  6. Notice of Authority and Grounds for Arrest — Telephone Call

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  1. When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape.
  2. No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately.

Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 3.11, 18.169.

Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 33.

Law Reviews.

Criminal Law in Tennessee in 1968 — A Critical Survey (Joseph G. Cook), 36 Tenn. L. Rev. 221.

Attorney General Opinions. Statute requiring police officers to provide notice of their authority or grounds for arrest does not apply to security officers; however, a security officer must provide notice of the grounds of an arrest, OAG 03-018 (2/19/03).


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