reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-209 - Prosecuting attorney's office - Compensation not decreased - Authorized and unauthorized use of funds

(a)
Nothing in this part shall be construed to decrease the total salaries, expense funds and allowances that the prosecuting attorney's office is receiving on July 1, 1984.
(b)
The district attorney general shall not use any of the funds collected pursuant to this part to supplement the district attorney general's salary, or to supplement the salary of any assistant district attorney general or other employee of a district attorney general, except as provided in §
40-3-202(5)
; provided, that should the state of Tennessee not have funds available to pay the salary and benefits of any district attorney general, assistant district attorney general or other employee of a district attorney general's office authorized by law to receive pay and benefits from the state of Tennessee, then in that event each district attorney general shall have the authority to transfer an amount from funds collected pursuant to this part sufficient to meet the district attorney general's office payroll to the state general fund, earmarked for payment of the salaries and benefits of the employees of the transferring district attorney general, so long as such funds exist. In no case shall any salaries and benefits so paid be greater than those otherwise authorized by state law. Funds collected pursuant to this part shall be expended only in furtherance of the purposes of this part.
Acts 1984, ch. 998, §§ 8, 10; 1992, ch. 785, § 1; 2003 , ch. 291, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-210 - Existing laws not repealed - Fees additional

This part does not repeal any existing statute and the fees described in this part shall be in addition to those already provided by law.
Acts 1984, ch. 998, § 11.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-101 - Preliminary proceedings

Judges of the courts of general sessions are authorized and empowered to:
(1)
Make the preliminary examination and bind over the reputed father in bastardy cases;
(2)
Summon a jury of inquest in cases of death by accident, as provided in §
38-5-103
;
(3)
Issue a warrant for a prisoner escaped from jail;
(4)
Examine persons arrested for a crime;
(5)
Bind a defendant over to court if probable cause be found; and
(6)
Take bail in bailable offenses brought before the judges.
Code 1858, § 4970 (deriv. Acts 1715, ch. 16, § 1; 1741, ch. 14, §10; 1777, ch. 8, § 9; 1817, ch. 100, § 1; 1825, ch. 36, § 4; 1831, ch. 4, § 1); Shan., § 6931; Code 1932, § 11470; T.C.A. (orig. ed.), § 40-401; Acts 1993, ch. 241, § 58.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-102 - Investigation by grand jury

(a)
The grand jury shall make an investigation as to the offense charged in a warrant to have been committed, to the end that it may return an indictment or presentment, as prescribed and required by law for the charged offense.
(b)
If an indictment or presentment is found against the defendant, the defendant shall then be proceeded with as now required by law in those cases.
(c)
If no indictment or presentment is found, the defendant shall be discharged.
(d)
The grand jury shall, immediately upon the receipt of the papers in the case, proceed to an investigation, and those cases shall have preference in the order presented over all other cases to be investigated by the grand jury.
Acts 1899, ch. 16, § 2; Shan., § 7034a2; Code 1932, § 11576; T.C.A. (orig. ed.), § 40-403.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-103 - Plea of guilty

If the defendant pleads guilty to the charges in the warrant, the proceedings in the case shall then be the same in all respects as now prescribed by law.
Acts 1899, ch. 16, § 3; Shan., § 7034a3; Code 1932, § 11577; T.C.A. (orig. ed.), § 40-405.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-105 - Notice of trial to victim of personal violence

If the charge is of violence to the person of another, the person on whom the violence has been committed shall be notified of the time and place of trial, so that such person may attend and be heard as a witness. Should the person conceal such person's location so as to avoid the service of notice, or fail to attend after due notice, the trial may be proceeded with as in other cases.
Code 1858, §§ 4995, 4996 (deriv. Acts 1849-1850, ch. 247, § 1; 1851-1852, ch. 15, § 2); Shan., §§ 6954, 6955; Code 1932, §§ 11495, 11496; T.C.A. (orig. ed.), § 40-409.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-106 - Payment of fine and costs

On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution.
Code 1858, §§ 4997, 5002 (deriv. Acts 1847-1848, ch. 55, §§2, 7); Shan., §§ 6956, 6961; Code 1932, §§ 11497, 11501; T.C.A. (orig. ed.), § 40-410.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-107 - Security for fine and costs

One (1) or more persons may become security for the fine and costs by oral undertaking before the judge of the court of general sessions, or by written direction to the judge, and an entry of judgment based thereon.
Code 1858, §§ 4998, 5003 (deriv. Acts 1847-1848, ch. 55, §§3, 6); Shan., §§ 6957, 6962; Code 1932, §§ 11498, 11502; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §40-411; Acts 1993, ch. 241, § 59.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-108 - Execution for fine and costs

If the offender gives security for fines and costs, the judge shall immediately issue execution against the offender and the offender's surety for the fine and costs, returnable as other executions.
Code 1858, § 4999 (deriv. Acts 1847-1848, ch. 55, § 4); Shan., §6958; Code 1932, § 11499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-412.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-110 - Appeal of proceedings

The proceedings under this chapter may be superseded and removed, by certiorari, to the circuit court of the county, upon good cause shown by petition of any person aggrieved, verified by affidavit, upon the order of any district or criminal judge to whom the petition is presented.
Code 1858, § 5012 (deriv. Acts 1847-1848, ch. 55, § 22); Shan., §6971; Code 1932, § 11510; T.C.A. (orig. ed.), § 40-414.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-111 - Bail pending appeal

The defendant obtaining writs of certiorari and supersedeas may be discharged from custody upon giving bond and security for the defendant's appearance before the district or criminal court as in other misdemeanor cases.
Code 1858, § 5013 (deriv. Acts 1847-1848, ch. 55, § 23); Shan., §6972; Code 1932, § 11511; T.C.A. (orig. ed.), § 40-415.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-112 - Appeal from sentence imposed

Notwithstanding any other provision of the law to the contrary, any person convicted of a criminal offense in a court of general sessions has the right to appeal the sentence imposed, without regard to whether the person was convicted upon a plea of guilty or upon a plea of not guilty.
Acts 1979, ch. 322, § 1; T.C.A., § 40-417.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-116 - Liability for neglect of duty

Any failure to comply with the requirements of this chapter by the officers named is a misdemeanor in office, and those officers are liable to judgments on their bonds, by motion, as in other cases of official bonds.
Code 1858, § 5010 (deriv. Acts 1851-1852, ch. 159, § 2); Shan., §6969; Code 1932, § 11509; T.C.A. (orig. ed.), § 40-422.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-117 - Bail - Forfeiture

(a)
In all misdemeanor cases where bond is made for appearance before the court of general sessions, the judge is authorized and empowered to prescribe the amount of bail, either cash or otherwise, within the same discretionary powers as are granted to judges of the circuit and criminal courts by §
40-11-204
.
(b)
Upon default in appearance of the defendant, the judge before whom the default occurs is authorized to grant relief, lessen or remit liability upon the recognizance in such cases as provided for other courts in §§
40-11-203
and
40-11-204
; and, in the case of cash bonds, the judge may hear proof and order a fine and costs paid out of the cash bond.
(c)
The unused surplus of cash bonds and other funds in excess of costs paid for exoneration of sureties shall be disbursed by the clerk as provided by law for forfeitures.
Acts 1959, ch. 109, § 10; T.C.A., § 40-424; Acts 1993, ch. 382, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-121 - Jurisdiction of general sessions courts in certain counties

(a)
In all counties of this state having a population of not less than three hundred seventy thousand (370,000) nor more than four hundred thousand (400,000), according to the federal census of 2000 or any subsequent federal census, legal process in all cases wherein a violation of the laws of the state of Tennessee is charged shall be returnable to the general sessions courts of the various counties coming within §§
40-4-121
- 40-4-124.
(b)
The judges of those courts shall have sole and exclusive jurisdiction, pursuant to the Small Offense Law [repealed], to hear and make final determination of all cases.
(c)
Appeals to the rulings of the general sessions courts may be filed as is presently provided by law.
(d)
Any preliminary hearing in the general sessions courts shall be conducted in accordance with existing state law.
Acts 1970, ch. 464, § 1; 1972, ch. 611, § 1; 1980, ch. 581, § 1; T.C.A., § 40-427; Acts 2002, ch. 515, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-122 - Municipal courts divested of jurisdiction

(a)
It is expressly provided that the municipal courts which are located in counties of this state coming within §§
40-4-121
- 40-4-124 shall not have any jurisdiction of cases wherein a violation of the laws of the state of Tennessee is charged and alleged, it being the legislative intent of §§
40-4-121
- 40-4-124 to vest jurisdiction of those cases in the various general sessions courts of the counties coming within §§
40-4-121
- 40-4-124. The offenses enumerated in subsection (b) are declared to be state offenses, and any person charged for violation of those offenses shall be tried only in state courts, as provided in §
40-4-121
, in which jurisdiction shall be exclusive. Any ordinance presently enacted to regulate any of the enumerated offenses, or to be later enacted, is declared to be void, repealed and of no effect.
(b)
The enumerated offenses are as follows:
(1)
Driving while intoxicated or drugged, as forbidden by §
55-10-401
;
(2)
Failing to stop after a traffic accident, as forbidden by title 55, chapter 10, part 1;
(3)
Driving while license suspended or revoked, as forbidden by §
55-50-504
; and
(4)
Drag racing, as defined and forbidden by §
55-10-501
.
Acts 1970, ch. 464, § 2; T.C.A., § 40-428.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-123 - Distribution of fines, forfeitures and penalties

In all counties coming within the provisions of §§
40-4-121
- 40-4-124, the clerk of the general sessions court, on or before the tenth day of each month, shall pay over to the proper official of any municipality located within the county, fifty percent (50%) of all fines, forfeitures or penalties arising out of those cases disposed of in the general sessions courts during the preceding month where the arrests and prosecution of those cases were made by police officers of any municipality located within any county affected by the provisions of §§
40-4-121
- 40-4-124. The remainder and all other fines shall be paid and accounted for as provided by law.
Acts 1970, ch. 464, § 4; T.C.A., § 40-429.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 4 - PROCEEDINGS BEFORE GENERAL SESSIONS COURTS (§§ 40-4-101 — 40-4-124) › Section 40-4-124 - Effect on private acts and city charters

Sections
40-4-121
- 40-4-124 shall govern the structure and operation of the general sessions courts in counties falling within the provisions of those sections, notwithstanding any private act or city charter to the contrary, and the operation of any private act or city charter in conflict with these sections is repealed and suspended.
Acts 1970, ch. 464, § 6; T.C.A., § 40-430.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-101 - "Magistrate" defined

A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.
Code 1858, § 5015; Shan., § 6974; Code 1932, § 11513; T.C.A. (orig. ed.), § 40-602.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-102 - Officials who are magistrates

The following are magistrates within the meaning of this part:
(1)
The judges of the supreme court;
(2)
The judges of the circuit and criminal courts;
(3)
Judicial commissioners;
(4)
Judges of the courts of general sessions;
(5)
City judges in cities and towns; and
(6)
Judges of juvenile courts.
Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; Acts 1978, ch. 933, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-603; Acts 1993, ch. 115, § 5; 1993, ch. 241, § 65.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-103 - Examination required before commitment

No person can be committed to prison for any criminal matter until examination thereof is first had before some magistrate.
Code 1858, § 5017 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6976; Code 1932, § 11515; T.C.A. (orig. ed.), § 40-604.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-104 - Subpoena of witnesses

The magistrate before whom an information is made may issue subpoenas to any part of the state for witnesses on behalf of either the defendant or the state.
Code 1858, § 5380 (deriv. Acts 1822, ch. 40, § 1); Shan., § 7358; Code 1932, § 11963; T.C.A. (orig. ed.), § 40-605.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-105 - Disposition by magistrate

The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or witnesses at the proper court.
Code 1858, § 5018 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6977; Code 1932, § 11516; T.C.A. (orig. ed.), § 40-606.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 1 - EXAMINATION BEFORE MAGISTRATES (§§ 40-5-101 — 40-5-106) › Section 40-5-106 - Officials prohibited from issuing warrants

No search warrant, arrest warrant or mittimus shall be issued by any state, city or county officer whose compensation is contingent in any manner upon the issuance or nonissuance of a search warrant, arrest warrant or mittimus.
Acts 1978, ch. 933, § 5; T.C.A., § 40-607.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 2 - JUDICIAL COMMISSIONERS (§§ 40-5-201 — 40-5-204) › Section 40-5-201 - Creation of position - Duties

(a)
The legislative body of any county having a metropolitan form of government may, by ordinance, create the position of one (1) or more judicial commissioners.
(b)
The duties of the commissioner or commissioners include, but are not limited to, the following:
(1)
The issuance of arrest warrants upon a finding of probable cause;
(2)
The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 6 of this title; and
(3)
The issuance of mittimus following compliance with the procedures prescribed by §
40-5-103
.
(c)
The legislative body of any county having a population of not less than twenty-one thousand five hundred (21,500) nor more than twenty-one thousand seven hundred (21,700), according to the 1980 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners pursuant to this part.
Acts 1983, ch. 86, § 1; 1986, ch. 901, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 2 - JUDICIAL COMMISSIONERS (§§ 40-5-201 — 40-5-204) › Section 40-5-202 - Term of office - Eligibility for appointment

The term or terms of the judicial commissioner or commissioners shall be established by the majority of general sessions judges of the county and in no event shall the term or terms exceed four (4) years. No employee, officer or official of the metropolitan government shall be eligible for appointment or serve as a judicial commissioner.
Acts 1983, ch. 86, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 2 - JUDICIAL COMMISSIONERS (§§ 40-5-201 — 40-5-204) › Section 40-5-203 - Compensation and fees

The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the majority of general sessions judges of the county and subject to the approval of the legislative body. Fees established and authorized by §
8-21-401
shall be paid to the general fund upon the services detailed in §
8-21-401
being performed by a judicial commissioner.
Acts 1983, ch. 86, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 5 - MAGISTRATES AND JUDICIAL COMMISSIONERS (§§ 40-5-101 — 40-5-204) › Part 2 - JUDICIAL COMMISSIONERS (§§ 40-5-201 — 40-5-204) › Section 40-5-204 - Appointment

(a)
The judicial commissioner or commissioners shall be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges
(b)
In a county with more than one (1) general sessions judge in which the judicial commissioners are supervised by the general sessions judges, the management and supervision of any judicial commissioners appointed pursuant to this part must rotate between the general sessions judges having criminal jurisdiction in the county on an annual basis.
Amended by 2024 Tenn. Acts, ch. 786,s 2, eff. 4/23/2024.
Acts 1983, ch. 86, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-NEW - [Newly enacted section not yet numbered]

A law enforcement officer may execute a search warrant for medical records or a test to determine the alcohol or drug content, or both, of a person's blood anywhere in this state.
Added by 2024 Tenn. Acts, ch. 892,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-101 - "Search warrant" defined

A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding the sheriff, constable or peace officer to search for personal property, and bring it before the magistrate.
Code 1932, § 11897; T.C.A. (orig. ed.), § 40-501.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-102 - Grounds for issuance

A search warrant may be issued on any one (1) of the following grounds:
(1)
Where the property was stolen or embezzled;
(2)
Where the property was used as the means of committing a felony;
(3)
Where the property is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the person may have delivered it, for the purpose of concealing it, or preventing its discovery; and
(4)
Any other ground provided by law.
Code 1858, §5318; Shan., § 7296; mod. Code 1932, § 11898; T.C.A. (orig. ed.), § 40-502.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-103 - Probable cause and affidavit

A search warrant can only be issued on probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.
Code 1858, § 5319; Shan., § 7297; Code 1932, § 11899; T.C.A. (orig. ed.), § 40-503.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-104 - Examination of complainant

The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.
Code 1932, § 11900; T.C.A. (orig. ed.), § 40-504.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-105 - Issuance of search warrant - Issuance of "no knock" search warrant prohibited

(a)
The magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, shall issue a search warrant signed by the magistrate, directed to the sheriff, any constable, or any peace officer, commanding the sheriff, constable, or peace officer immediately to search the person or place named for the property specified, and to bring it before the magistrate.
(b)
A magistrate shall not issue a "no knock" search warrant, which expressly authorizes a peace officer to dispense with the requirement to knock and announce the peace officer's presence prior to execution of the warrant.
Amended by 2021 Tenn. Acts, ch. 489, s 5, eff. 5/18/2021.
Code 1858, § 5322; Shan., § 7300; mod. Code 1932, § 11901; T.C.A. (orig. ed.), § 40-505.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-106 - Form of warrant

The warrant may be substantially in the following form:
State of Tennessee,
County of ______________.
To the sheriff or any constable of the county:
Proof by affidavit having been made before me by A. B., that (stating the particular grounds of the application; or, if the affidavits are not positive, "that there is probable cause for believing that," stating the particular grounds of the application): You are therefore hereby commanded to make immediate search on the person of C. D. (or "in the house of E. F.," or "in the house situated," describing it, or any other place to be searched, with reasonable particularity, as the case may be), for the following property (describing it with reasonable particularity); and if you find the same, or any part thereof, to bring it forthwith before me at (stating the place).
This ____________________ day of ____________________, 20____________________. L. M., Magistrate
Code 1858, § 5323; Shan., § 7301; Code 1932, § 11902; T.C.A. (orig. ed.), § 40-506.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-107 - Return date

(a)
A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.
(b)
All search warrants in this state may be executed either in the daytime or in the nighttime.
Code 1858, § 5326; Shan., § 7304; mod. Code 1932, § 11907; Acts 1969, ch. 252, § 1; T.C.A. (orig. ed.), § 40-507.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-108 - Exclusionary Rule Reform Act

(a)
Notwithstanding any law to the contrary, any evidence that is seized as a result of executing a search warrant issued pursuant to this part or pursuant to Tennessee Rules of Criminal Procedure Rule 41 that is otherwise admissible in a criminal proceeding and not in violation of the constitution of the United States or Tennessee shall not be suppressed as a result of any violation of this part or any violation of Tennessee Rules of Criminal Procedure Rule 41 if the court determines that such violation was a result of a good faith mistake or technical violation made by a law enforcement officer, court official, or the issuing magistrate as defined in subsection (c).
(b)
This section does not limit or prohibit the enforcement of any appropriate civil remedy in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure; provided, however, that unless otherwise provided by federal law or the constitution of Tennessee, if any evidence is seized as a result of a good faith mistake or technical violation, as defined in subsection (c), the individual or government entity shall not be civilly liable.
(c)
As used in this section, unless the context otherwise requires, "good faith mistake or technical violation" means:
(1)
An unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling of copies, or return and inventory of a search warrant;
(2)
When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant;
(3)
A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively.
Acts 2011, ch. 252, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 1 - SEARCH WARRANTS (§§ 40-6-NEW — 40-6-110) › Section 40-6-110 - Searches of cellular telephones and cellular telephone data

(a)
As used in this section:
(1)
"Cellular telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones;
(2)
"Cellular telephone data" means any data that is stored in a cellular telephone including telephone numbers, addresses, pictures, documents, texts, videos, music and any other information that is stored in a cellular telephone; and
(3)
"Law enforcement officer" means any person authorized to effectuate an arrest who is employed by the state, or a county, municipality or metropolitan form of government.
(b)
No law enforcement officer shall search, examine, extract or duplicate any cellular telephone data, even if incident to a lawful arrest, unless:
(1)
The officer has obtained a search warrant issued pursuant to this part or Rule 41 of the Tennessee Rules of Criminal Procedure;
(2)
The owner of the cellular telephone or the person in possession of the cellular telephone at the time it is seized gives the officer informed consent for the officer to search the cellular telephone; or
(3)
Exigent circumstances exist at the time of the seizure requiring the officer to search the cellular telephone.
(c)
No cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as evidence in any such proceeding.
(d)
This section shall not apply to any cellular telephone that, at the time of its seizure or discovery, has been abandoned by the owner or person responsible for its abandonment.
Acts 2014, ch. 785, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-201 - "Warrant of arrest" defined

A warrant of arrest is an order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant.
Code 1858, § 5023; Shan., § 6982; Code 1932, § 11521; T.C.A. (orig. ed.), § 40-706.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-202 - Power of magistrates

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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-203 - Examination of affiant

(a)
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.
(b)
(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 §
40-6-204
and 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.
Amended by 2021 Tenn. Acts, ch. 539, s 3, eff. 7/1/2021.
Code 1858, § 5020; Shan., § 6979; Code 1932, § 11518; T.C.A. (orig. ed.), § 40-702; Acts 1999, ch. 51, § 1; 2003 , ch. 366, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-204 - Contents of examination

(a)
The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it.
(b)
The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant.
Amended by 2021 Tenn. Acts, ch. 539, s 4, eff. 7/1/2021.
Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; 2003 , ch. 366, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-206 - Time of issuance and return - Misdemeanor cases

Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons has not been served, returned or quashed within five (5) years from the date of its issuance, the process, warrant, precept or summons shall be automatically terminated and removed from the records.
Code 1858, § 5031 (deriv. Acts 1794, ch. 1, § 10); Shan., § 6991; Code 1932, § 11530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-705; Acts 1993, ch. 387, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-207 - Form of warrant

The warrant of arrest may be substantially as follows:
State of Tennessee,
County of ____________________.
To any lawful officer of the state:
Information on oath having been made to me that the offense of (designating or describing it) has been committed, and accusing C. D. thereof: You are, therefore, commanded, in the name of the state, forthwith to arrest C. D., and bring C. D. before me, or some other magistrate of the county, to answer the charge. E. F., Magistrate for ____________________ County.
Code 1858, § 5025; Shan., § 6984; Code 1932, § 11523; T.C.A. (orig. ed.), § 40-707.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-208 - Contents of warrant

(a)
The warrant should specify the name of the defendant, but if it is unknown to the magistrate, the defendant may be designated in the warrant by any name.
(b)
It should also state the offense either by name, or so that it can be clearly inferred.
(c)
It should also show, in some part, the county in which issued, the name and initials of the magistrate in office.
(d)
The warrant shall include a copy of the affidavit of complaint.
Code 1858, §§ 5026, 5027; Shan., §§ 6985, 6986; Code 1932, §§ 11524, 11525; T.C.A. (orig. ed.), §§ 40-708, 40-709; Acts 2003, ch. 366, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-209 - Officer to whom directed

The warrant should be directed to any lawful officer of the state, but if executed by any officer having authority, it is valid without regard to its direction.
Code 1858, § 5024; Shan., § 6983; Code 1932, § 11522; T.C.A. (orig. ed.), § 40-710.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-210 - [Amendments made by Acts 1996, ch. 53, section 2 contingent on county approval. See the Compiler's Notes.] Person by whom executed

A warrant may be executed by any sheriff, or officer acting as sheriff, or the sheriff's deputy, or marshal, or police officer of any city or town, acting within the sheriff's county, or by any person otherwise authorized by law. The reference to "sheriff" or "deputy sheriff" in this section also includes constables in counties of this state having a population of:
not less than
nor more than
3,700
4,700
6,000
7,800
8,400
8,500
8,535
8,540
9,200
9,570
10,770
10,780
11,512
11,550
11,700
11,900
12,000
13,000
14,500
14,600
15,300
15,500
15,750
16,000
17,000
17,350
18,000
18,200
18,300
18,900
19,000
19,100
21,000
21,500
21,600
22,300
23,200
23,350
23,355
23,391
23,391
23,450
23,500
23,750
24,000
24,255
25,600
27,500
27,900
28,000
28,555
28,600
29,250
31,250
31,260
33,000
33,700
34,000
35,480
41,800
41,900
50,000
57,550
59,400
59,500
60,050
60,600
62,000
64,000
65,000
100,000
118,400
118,700
200,000
according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
Code 1858, § 5028; Shan., § 6987; Code 1932, § 11526; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, § 1; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 3; 1982, ch. 881, § 1; T.C.A. (orig. ed.), § 40-711; Acts 1991, ch. 9, § 4; 1992, ch. 973, § 3; Private Acts 1994, ch. 191 § 2; Acts 1996, ch. 753, § 2.
Amendments made by Acts 1996, ch. 753, section 2 contingent on county approval.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-211 - Accuseds outside county - Persons to whom warrant issued - Accused brought before magistrate

When the person accused has fled, or resides out of the county where the offense was committed, the warrant may issue to any lawful officer of any county in the state, and the accused may be brought before the magistrate issuing the warrant, or any other magistrate.
Code 1858, § 5029 (deriv. Acts 1822, ch. 40, § 2); Shan., § 6988; Code 1932, § 11527; T.C.A. (orig. ed.), § 40-712.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-212 - Execution outside county

When the sheriff, deputy sheriff, coroner or any other officer of any county in this state has possession of a warrant or capias for the arrest of any person charged with the commission of a crime, it is lawful for the sheriff, deputy sheriff, coroner or any other officer to execute that process, and arrest the person so charged in any county in this state. "Sheriff" also includes "constable" in those counties enumerated in §
40-6-210
.
Acts 1871, ch. 50, § 1; Shan., § 6989; Code 1932, § 11528; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; T.C.A. (orig. ed.), § 40-713.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-213 - Execution anywhere in state

The magistrate issuing the warrant may empower any law enforcement officer to execute the warrant anywhere in the state.
Code 1858, § 5030; Shan., § 6990; Code 1932, § 11529; T.C.A. (orig. ed.), § 40-714; Acts 1993, ch. 241, § 66.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-214 - Authority of clerks and deputies of general sessions courts

Clerks of courts of general sessions and their duly sworn deputies have jurisdiction and authority, concurrent with that of the judges of the general sessions court, to issue warrants for the arrest of persons.
Acts 1955, ch. 150, § 1; T.C.A., § 40-715; Acts 1993, ch. 241, § 67.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-216 - Copies of warrants

(a)
A criminal defendant or such defendant's attorney shall have the right to request and receive at a reasonable time a copy of any warrant or summons issued pursuant to this part that is served upon the defendant.
(b)
Any agency, department or employee or agent of an agency or department who knowingly refuses to provide a copy of the warrant of arrest or summons to a defendant or the defendant's attorney within a reasonable time upon being requested to do so may be in contempt of the court issuing the warrant or summons. In addition to the punishment for contempt, the agency or department shall be required to pay all attorney fees and court costs reasonably incurred by the defendant or the defendant's attorney in obtaining a copy of the warrant or summons.
Acts 1996, ch. 870, § 1; 1999, ch. 90, § 1; 2003, ch. 366, §§ 6, 7.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 2 - ARREST WARRANTS (§§ 40-6-201 — 40-6-217) › Section 40-6-217 - Issuance of arrest warrant in lieu of criminal summons

Notwithstanding any other provision of this part or §
40-5-102
, to the contrary, a judge who is licensed to practice law in this state and elected for an eight-year term of office may, upon a finding of probable cause, issue an arrest warrant in lieu of a criminal summons under any circumstances and regardless of whether any of the exceptions set out in §§
40-6-205
and
40-6-215
are applicable.
Acts 2004, ch. 889, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 3 - WIRETAPPING AND ELECTRONIC SURVEILLANCE (§§ 40-6-301 — 40-6-311) › Section 40-6-301 - Short title

This part and §§
39-13-601
- 39-13-603 shall be known and may be cited as the "Wiretapping and Electronic Surveillance Act of 1994."
Acts 1994, ch. 964, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 6 - WARRANTS (§§ 40-6-NEW — 40-6-311) › Part 3 - WIRETAPPING AND ELECTRONIC SURVEILLANCE (§§ 40-6-301 — 40-6-311) › Section 40-6-302 - Legislative purpose

(a)
In order to protect the privacy of wire, oral, and electronic communications, to protect the integrity of court and administrative proceedings, to define, on a uniform basis, the circumstances under which a district attorney general may apply to a court of competent jurisdiction for the interception and use of wire, oral, and electronic communications, to define the circumstances under which a judge in a court of competent jurisdiction may authorize the interception and use of wire, oral and electronic communications, and to prohibit any unauthorized interception or use of those communications, it is necessary for the general assembly to define the circumstances and conditions under which the interception of wire, oral and electronic communications may be lawful. In defining these circumstances, the general assembly seeks to strike a balance between an individual's right to privacy and society's legitimate concern in being protected from criminal activity.
(b)
In carrying out illegal activities, criminals often make extensive use of wire, oral and electronic communications. The lawful interception of these communications is an indispensable aid to investigative and law enforcement officials in obtaining evidence of illegal activities. Likewise, it is necessary for the general assembly to safeguard the privacy of innocent persons. Through this part and §§
39-13-601
- 39-13-603, the general assembly seeks to prohibit the unauthorized interception of wire, oral and electronic communications and to prohibit the use of illegally obtained wire, oral and electronic communications as evidence in courts and administrative proceedings. The interception of wire, oral or electronic communications, therefore, when no party to the communications has consented to the interception, should be allowed only under compelling circumstances when authorized and supervised by a court of competent jurisdiction and upon a finding of probable cause. Court authorization and supervision ensures that the interception is made only in narrowly defined circumstances and that the information obtained will not be misused. The privacy rights of Tennessee citizens are further protected by limiting the interception of wire, oral, and electronic communications to certain major types of felonies under this code.
Acts 1994, ch. 964, § 1.