Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821.
Cross-References. Examination by magistrate, title 40, ch. 10.
Officials designated as magistrates, §40-1-106.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.162.
Tennessee Jurisprudence, 13 Tenn. Juris., False Imprisonment, § 2.
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 private person/security guard may transport an arrested individual before the magistrate if a law enforcement official declines to do so, OAG 03-018 (2/19/03).
A security guard who arrests an individual may transport that person in a personal or company vehicle, OAG 03-018 (2/19/03).
A private citizen or security officer could be liable for any injuries incurred by an arrested person during transport, OAG 03-018 (2/19/03).
A law enforcement official has the option to refuse to take a person arrested by a private person/security officer before a magistrate, OAG 03-018 (2/19/03).
Security guards issuing criminal summons or citations, OAG 07-002 (1/4/07).