reglab/statecodes huggingface dataset:
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 40-6-305 - Interception of communications for evidence of certain crimes

A district attorney general may apply to a judge of competent jurisdiction for, and the judge may grant, in conformity with §
40-6-304
, an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made when interception may provide evidence of:
(1)
The commission of criminal homicide, as defined in §
39-13-201
;
(2)
Criminal conspiracy, as defined in §
39-12-103
, to commit criminal homicide;
(3)
The commission of a violation of §
39-17-417(j)
;
(4)
The commission of, or conspiracy to commit, a criminal gang offense by a criminal gang member, as defined in §
40-35-121
; or
(5)
The commission of trafficking a person for a commercial sex act, as defined in §
39-13-309
.
Amended by 2015 Tenn. Acts, ch. 435,s 1, eff. 7/1/2015.
Acts 1994, ch. 964, § 6; 1996, ch. 680, § 1; 2011, ch. 493, § 1.
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 40-6-306 - Disclosure of communications to law enforcement officers

(a)
Any investigative or law enforcement officer who, by any means authorized by this part or §§
39-13-601
- 39-13-603, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(b)
Any investigative or law enforcement officer who, by any means authorized by this part or §§
39-13-601
- 39-13-603, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may use the contents to the extent the use is appropriate to the proper performance of the officer's official duties.
(c)
Any person who has received, by any means authorized by this part or §§
39-13-601
- 39-13-603, any information concerning a wire, oral or electronic communication, or evidence derived therefrom, intercepted in accordance with this part or §§
39-13-601
- 39-13-603 may disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state of Tennessee, or a political subdivision of the state, or of the United States, or a political subdivision of the United States.
(d)
Nothing in this part or §§
39-13-601
- 39-13-603 shall be construed as permitting the interception of a wire, oral or electronic communication that is made privileged by law unless the judge issuing the order for the interception finds probable cause to believe that all parties to the privileged communication are criminally responsible for the commission of a homicide offense, conspiracy to commit a homicide offense or commission of a violation of §
39-17-417(j)
.
(e)
When an investigative or law enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized in this part, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order of authorization, the contents thereof and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b). The contents and any evidence derived therefrom may be used under subsection (c) when authorized by a judge of competent jurisdiction where the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this part or §§
39-13-601
- 39-13-603. The application shall be made as soon as practicable after the interception.
Acts 1994, ch. 964, § 7; 1996, ch. 680, § 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 40-6-307 - Use of contents in evidence

Whenever a wire, oral or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in a trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state of Tennessee, or a political subdivision of the state if the disclosure of that information would be in violation of this part or §§
39-13-601
- 39-13-603.
Acts 1994, ch. 964, § 8.
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 40-6-309 - Application of law

Notwithstanding any other provision of law to the contrary, this part and §§
39-13-601
- 39-13-603 shall govern the interception and use of wire, oral and electronic communications in this state.
Acts 1994, ch. 964, § 12.
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 40-6-310 - Construction of ambiguous provisions

Any ambiguity in this part or §§
39-13-601
- 39-13-603 shall be resolved in favor of the aggrieved party and against the state.
Acts 1994, ch. 964, § 13.
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 40-6-311 - Pen register or trap and trace order

Any circuit or criminal court judge may issue a pen register or trap and trace order pursuant to the provisions and requirements of
18 U.S.C. § 3123
et seq.
Acts 1996, ch. 903, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-NEW - [Newly enacted section not yet numbered]

(a)
When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference.
(b)
As used in this section, except as provided in subsection (c), a person is "not lawfully present within the United States" if:
(1)
The person cannot provide:
(A)
A social security card or number that can be verified with the social security administration in accordance with federal law;
(B)
A valid Tennessee driver license or photo identification license issued by the department of safety;
(C)
A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services;
(D)
An F-1 or M-1 student visa, issued by the United States department of state;
(E)
A J-1 visa, issued by the United States department of state;
(F)
An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate;
(G)
A valid, unexpired United States passport;
(H)
A certificate of citizenship (form N560 or N561);
(I)
A certificate of naturalization (form N550, N570, or N578);
(J)
A B-2 visa, issued by the United States department of state; or
(K)
A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or
(2)
The individual has been granted parole under
8 U.S.C. § 1182(d)(5)
, temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion.
(c)
If an individual cannot produce the documentation listed in subdivision (b)(1), then a law enforcement officer or jailer may presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual.
(d)
The requirements of this section are in addition to the requirements in § 40-7-123.
Added by 2024 Tenn. Acts, ch. 1008,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-101 - Persons by whom arrests made

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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-102 - Offense in presence of magistrate

When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest.
Code 1858, § 5036; Shan., § 6996; Code 1932, § 11535; T.C.A. (orig. ed.), § 40-802.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-104 - Time of arrest by officer

Arrests by officers for public offenses may be made on any day and at any time.
Code 1858, § 5033; Shan., § 6993; Code 1932, § 11532; T.C.A. (orig. ed.), § 40-804.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-105 - Assistance to officer acting on warrant

Every person shall aid an officer in the execution of a warrant if the officer requires the person's aid and is present and acting in its execution.
Code 1858, § 5035; Shan., § 6995; Code 1932, § 11534; T.C.A. (orig ed.), § 40-805.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-106 - Notice of authority and grounds for arrest - Telephone call

(a)
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.
(b)
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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-107 - Authority of officer to break in

To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's office, authority and purpose, the officer is refused admittance.
Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), § 40-807.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-108 - Resistance to officer

(a)
A law enforcement officer, after giving notice of the officer's identity as an officer, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest.
(b)
Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as an officer and given a warning that deadly force may be used unless resistance or flight ceases, and:
(1)
The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury; or
(2)
The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended.
(c)
All law enforcement officers, both state and local, shall be bound by this section and shall receive instruction regarding implementation of this section in law enforcement training programs.
Code 1858, § 5040; Shan., § 7000; Code 1932, § 11539; T.C.A. (orig. ed.), § 40-808; Acts 1985, ch. 359, § 1; 1990, ch. 980, § 19.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-109 - Arrest by private person - Grounds

(a)
A private person may arrest another:
(1)
For a public offense committed in the arresting person's presence;
(2)
When the person arrested has committed a felony, although not in the arresting person's presence; or
(3)
When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
(b)
A private person who makes an arrest of another pursuant to §§
40-7-109
- 40-7-115 shall receive no arrest fee or compensation for the arrest.
Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-110 - Arrest by private person - Time

A private person may make an arrest for a felony at any time.
Code 1858, § 5034; Shan., § 6994; Code 1932, § 11533; T.C.A. (orig. ed.), § 40-817.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-111 - Arrest by private person - Notice of grounds

A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause of the arrest, except when the person is in the actual commission of the offense, or when arrested on pursuit.
Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § 40-818.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-112 - Arrest by private person - Notice of intention to make arrest - Use of force to enter dwelling house

If the person to be arrested has committed a felony, and a private person, after notice of the person's intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest.
Code 1858, § 5044; Shan., § 7004; Code 1932, § 11543; T.C.A. (orig. ed.), § 40-819.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-113 - Disposition of person arrested by private person

(a)
A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer.
(b)
An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by a bystander and delivered to the officer, and anyone arrested by a private person as provided in §§
40-7-109
- 40-7-112, and delivered to the officer.
Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-114 - Pursuit after escape

If a person arrested escapes or is rescued, the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state.
Code 1858, § 5046; Shan., § 7006; Code 1932, § 11545; T.C.A. (orig. ed.), § 40-822.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-115 - Breaking in to retake escaped prisoner

To retake the party escaping or rescued, the person pursuing may, after notice of that person's intention and refusal of admittance, break open any outer or inner door or window of a dwelling house.
Code 1858, § 5047; Shan., § 7007; Code 1932, § 11546; T.C.A. (orig. ed.), § 40-823.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-116 - Theft - Detention of suspect by merchant or peace officer

(a)
A merchant, a merchant's employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in §
39-14-103
, may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes:
(1)
To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;
(2)
To request or verify identification, or both;
(3)
To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both;
(4)
To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or
(5)
To institute criminal proceedings against the person.
(b)
Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on, but not limited to:
(1)
Personal observation, including observation via closed circuit television or other visual device;
(2)
Report of personal observation from another merchant;
(3)
Activation of an electronic or other type of mechanical device designed to detect theft; or
(4)
Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur.
(c)
A merchant, a merchant's employee or agent, or a peace officer who detains, questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention, questioning or arrest if the merchant, merchant's employee or agent, or peace officer:
(1)
Has reasonable grounds to suspect that the person has committed or is attempting to commit theft;
(2)
Acts in a reasonable manner under the circumstances; and
(3)
Detains the suspected person for a reasonable period of time.
(d)
The merchant may use a reasonable amount of force necessary to protect the merchant, to prevent escape of the person detained, or to prevent the loss or destruction of property.
(e)
A "reasonable period of time", for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the merchant or the merchant's employee or agent has summoned a law enforcement officer, the parents or a guardian.
Acts 1957, ch. 164, §§ 1, 3; T.C.A., §§ 40-824, 40-826; Acts 1983, ch. 326, § 2; 1990, ch. 1030, § 17.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-117 - Theft of property valued at more than $500 in retail or wholesale establishments - Arrest by peace officer without warrant

Any peace officer may arrest without warrant any person the officer has probable cause for believing has committed theft of property with a value of more than five hundred dollars ($500) in retail or wholesale establishments. "Probable cause," as used in this section, includes, but is not limited to, the statement of a merchant containing facts and circumstances demonstrating that the officer relied on the elements enumerated in §
40-7-116(b)
.
Acts 1957, ch. 164, § 2; T.C.A., § 40-825; Acts 1983, ch. 326, § 3; 1990, ch. 1030, § 18.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-119 - Strip searches restricted

(a)
As used in this section, "strip search" means having an arrested person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of the arrested person.
(b)
No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons, a controlled substance or controlled substance analogue, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon, a controlled substance, a controlled substance analogue or other contraband.
Acts 1982, ch. 759, § 1; T.C.A., § 40-828; Acts 2012, ch. 848, § 28.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-122 - Fee for booking and processing of persons subject to arrest or summons

In addition to any other fees the sheriff is entitled to demand and receive in accordance with §
8-21-901
, a county legislative body may vote to impose an additional fee of not more than ten dollars ($10.00) for the booking and processing of each person subject to arrest or summons. The fee shall be collected at the same time and in the same manner as other fees are collected by a sheriff in accordance with title 8, chapter 21, part 9. The fee shall not be charged to any person determined by the court to be indigent.
Acts 2007, ch. 586, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-123 - Development of standardized written procedure of verifying citizenship status

(a)
The Tennessee peace officer standards and training commission shall develop a standardized written procedure for verifying the citizenship status of individuals who are arrested, booked, or confined for any period in a county or municipal jail or detention facility and reporting to the appropriate immigration and customs enforcement detention and removal operations field office those individuals who may be in violation of the Immigration and Naturalization Act (
8 U.S.C § 1101
et seq.).
(b)
When a person is arrested, booked or confined for any period in the jail of the county or any municipality, the keeper of the jail shall utilize the above-referenced procedure to verify the citizenship status of each arrested, booked, or otherwise confined individual and report those individuals to the appropriate immigration and customs enforcement detention and removal operations field office if the keeper of the jail determines that the individual is in violation of the Immigration and Naturalization Act, or if such status cannot be determined.
(c)
This section shall not apply to any county or municipality that has entered into and is operating under a memorandum of understanding with the United States department of homeland security concerning enforcement of federal immigration laws.
(d)
This section shall not apply to any county or municipality while it participates in the United States immigration and customs enforcement criminal alien program (CAP).
Acts 2010, ch. 1112, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 1 - GENERAL PROVISIONS (§§ 40-7-NEW — 40-7-124) › Section 40-7-124 - Immunity from prosecution for possession of drug paraphernalia when officers alerted of presence of hypodermic needle or other sharp objects prior to search

(a)
Before searching a person, a person's premises, or a person's vehicle, a law enforcement officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer, or whether a hypodermic needle or other sharp object is on the premises or in the vehicle to be searched. If there is a hypodermic needle or other sharp object on the person, on the person's premises, or in the person's vehicle, and the person alerts the law enforcement officer of such before the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the hypodermic needle or other sharp object.
(b)
Subsection (a) does not apply to any other drug paraphernalia that may be present and found during the search.
Added by 2015 Tenn. Acts, ch. 77,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 2 - UNIFORM LAW ON FRESH PURSUIT (§§ 40-7-201 — 40-7-205) › Section 40-7-201 - Short title

This part shall be known and may be cited as the "Uniform Law on Fresh Pursuit."
Acts 1939, ch. 146, § 8; C. Supp. 1950, § 11546.1 (Williams, § 11546.8); T.C.A. (orig. ed.), § 40-809.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 2 - UNIFORM LAW ON FRESH PURSUIT (§§ 40-7-201 — 40-7-205) › Section 40-7-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony;
(A)
It also includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed;
(B)
"Fresh pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay; and
(2)
"State" includes the District of Columbia.
Acts 1939, ch. 146, §§ 4, 5; C. Supp. 1950, §§ 11546.5, 11546.6 (Williams, §§ 11546.4, 11546.5); T.C.A. (orig. ed.), §§ 40-810, 40-811.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 2 - UNIFORM LAW ON FRESH PURSUIT (§§ 40-7-201 — 40-7-205) › Section 40-7-203 - Power of officers from other states to arrest

(a)
Any member of a duly organized state, county or municipal peace unit of another state, who enters this state in fresh pursuit, and continues within this state in that fresh pursuit, of a person in order to arrest the person on grounds that the person is believed to have committed a felony in that other state, shall have the same authority to arrest and hold the person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
(b)
This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Acts 1939, ch. 146, §§ 1, 3; C. Supp. 1950, §§ 11546.2, 11546.4 (Williams, §§ 11546.1, 11546.3); T.C.A. (orig. ed.), §§ 40-812, 40-813.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 2 - UNIFORM LAW ON FRESH PURSUIT (§§ 40-7-201 — 40-7-205) › Section 40-7-204 - Examination by magistrate

(a)
If an arrest is made in this state by an officer of another state in accordance with §
40-7-203
, the officer shall, without unnecessary delay, take the person arrested before a magistrate who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.
(b)
If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit the person to bail for that purpose.
(c)
If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 7 - ARREST (§§ 40-7-NEW — 40-7-205) › Part 2 - UNIFORM LAW ON FRESH PURSUIT (§§ 40-7-201 — 40-7-205) › Section 40-7-205 - Certification of law to other states

It is the duty of the secretary of state to certify a copy of this part to the executive department of each of the states of the United States.
Acts 1939, ch. 146, § 6; C. Supp. 1950, § 11546.7 (Williams, § 11546.6); T.C.A. (orig. ed.), § 40-815.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-101 - Offer of reward by governor

(a)
The governor is authorized to offer a reward for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state. Any reward offered shall not exceed the following amounts for the following classification of offenses:
(1)
Fifty thousand dollars ($50,000) for an offense that is classified as a Class A or B felony; and
(2)
Five thousand dollars ($5,000) for an offense that is classified as a Class C, D or E felony.
(b)
The fifty-thousand-dollar and five-thousand-dollar reward maximums imposed by subsection (a) shall apply only to state appropriated funds. The governor may increase the amount of any reward offered by use of funds from the reward pool fund created in this part.
(c)
When the governor offers a reward pursuant to this section, the governor may place any reasonable conditions upon collection of the reward as the governor deems advisable or necessary.
Code 1858, §§ 183, 5335 (deriv. Acts 1805, ch. 44, § 1; 1837-1838, ch. 170, §1); Acts 1881, ch. 157, §§ 1, 2; Shan., §§ 233, 7313; Code 1932, §§ 175, 11915; Acts 1971, ch. 40, §1; 1971, ch. 284, § 1; modified; 1980, ch. 636, § 8; T.C.A. (orig. ed.), §40-901; Acts 1997 , ch. 284, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-102 - Reward for persons obstructing railroad tracks

The governor shall, when officially informed that an obstruction has been placed upon any railroad track by any person, for the purpose of derailing the locomotive, tender or cars, offer a reward for the offender's apprehension and conviction.
Code 1858, §§ 184, 5336 (deriv. Acts 1855-1856, ch. 94, § 11); Shan., §§ 234, 7314; Code 1932, §§ 176, 11916; T.C.A. (orig. ed.), § 40-902.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-103 - Conditions for reward

(a)
No person is entitled to the reward offered under §§
40-8-101
and
40-8-102
until the offender is delivered to the civil authority, and confined in jail or admitted to bail.
(b)
No person is entitled to the reward unless the offender is apprehended within five (5) years from the date of the governor's proclamation, and before the prosecution of the offense is barred by lapse of time.
Code 1858, §§ 5337, 5338; Shan., §§ 7315, 7316; Code 1932, § 11918; T.C.A. (orig. ed.), §§ 40-903, 40-904.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-104 - Payment of reward

The reward will be paid by the state treasurer, upon the warrant of the commissioner of finance and administration, by order of the governor, drawn in favor of the person who may, in the opinion of the governor, be entitled to the reward.
Code 1858, § 5339 (deriv. Acts 1805, ch. 44, § 2; 1837-1838, ch. 170, § 1); Acts 1881, ch. 157, § 2; Shan., § 7317; Code 1932, § 11919; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-905.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-105 - Reward pool fund

The governor is authorized to establish and administer a "reward pool fund" which shall be a special account in the state general fund. All monetary donations or gifts made by private citizens and corporations for the purpose of offering a reward or enhancing a state-funded reward offered pursuant §
40-8-101
, for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state shall be deposited in the reward pool fund and invested for the benefit of the fund by the state treasurer pursuant to §
9-4-603
. Amounts in the fund shall not revert to the general fund of the state but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years. Except as provided in §
40-8-106
, the governor shall have the sole discretion to determine if and how much of the fund shall be offered in a particular criminal case. However, if the donor places any lawful restrictions or instructions on use of the donation at the time it is given, those restrictions or instructions shall be honored.
Amended by 2017 Tenn. Acts, ch. 246,s 3, eff. 7/1/2017.
Acts 1997, ch. 284, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 8 - REWARDS FOR APPREHENSION (§§ 40-8-101 — 40-8-106) › Section 40-8-106 - Reward

(a)
A reward of one thousand dollars ($1,000) shall be awarded to any person whose report of voter fraud through the state election coordinator's voter fraud hotline leads to a conviction. If more than one (1) person reports the same incident of voter fraud, the reward shall be divided and equally distributed to each person.
(b)
The reward awarded pursuant to subsection (a) shall be paid from the reward pool fund, created by §
40-8-105
.
Added by 2017 Tenn. Acts, ch. 246,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-101 - Short title

This chapter shall be known and may be cited as the "Uniform Criminal Extradition Act."
Acts 1951, ch. 240, § 28 (Williams, § 11935.26); T.C.A. (orig. ed.), § 40-1001.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;
(2)
"Governor" includes any person performing the functions of governor by authority of the law of this state; and
(3)
"State," referring to a state other than this state, refers to any other state or territory organized or unorganized of the United States.
Acts 1951, ch. 240, § 1 (Williams, § 11935.1); T.C.A. (orig. ed.), § 40-1002.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-103 - Warrant of arrest for crime in another state

Whenever any person within this state is charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under §
40-9-113
, with having fled from justice; or whenever a complaint has been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that other state with the commission of the crime, and, except in cases arising under §
40-9-113
, has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing the sheriff to apprehend the person charged, wherever the person may be found in this state, and bring the person before the issuing judge or magistrate or any other judge, court or magistrate who may be conveniently accessible to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Acts 1951, ch. 240, § 13 (Williams, § 11935.13); T.C.A. (orig. ed.), § 40-1003.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-104 - Arrest without warrant for felony in another state

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the person under oath setting forth the ground for the arrest as in §
40-9-103
. Thereafter, the person's answer shall be heard as if the person had been arrested on a warrant.
Acts 1951, ch. 240, § 14 (Williams, § 11935.14); T.C.A. (orig. ed.), § 40-1004.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-105 - Commitment awaiting extradition

If, from the examination before the judge or magistrate, it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under §
40-9-113
, that the person has fled from justice, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in §
40-9-106
, or until the accused is legally discharged.
Acts 1951, ch. 240, § 15 (Williams, § 11935.15); T.C.A. (orig. ed.), § 40-1005.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-106 - Admission to bail

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in any sum that the judge or magistrate deems proper, for the person's appearance before the judge or magistrate at a time specified in the bond or undertaking, and for the person's surrender, to be arrested upon the warrant of the governor of this state.
Acts 1951, ch. 240, § 16 (Williams, § 11935.16); T.C.A. (orig. ed.), § 40-1006.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-107 - Forfeiture of bail

If the prisoner is admitted to bail, and fails to appear and surrender according to the condition of the person's bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Acts 1951, ch. 240, § 18 (Williams, § 11935.18); T.C.A. (orig. ed.), § 40-1007.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-108 - Disposition of prisoner on expiration of time specified in warrant of commitment - No discharge pending proceedings before governor

(a)
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, the judge or magistrate may discharge the accused or recommit the accused to a further day, or may again take bail for the accused's appearance and surrender, as provided in §
40-9-106
; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared, according to the terms of the bond or undertaking, the judge or magistrate may either discharge the accused, or require the accused to enter into a new bond or undertaking, to appear and surrender at another day.
(b)
Whenever any fugitive from justice awaiting extradition to another state files a protest or requests a hearing before the governor of this state, prior to the returning of the fugitive to the other state, no judge or court in this state shall have the authority to order the release or discharge of the fugitive, pending the final disposition of the extradition proceeding before the governor. Likewise, the surety on any bail or appearance bond shall not be released from liability until final disposition of the matter by the governor of this state.
Acts 1951, ch. 240, § 17 (Williams, § 11935.17); 1965, ch. 238, §1; T.C.A. (orig. ed.), § 40-1008.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-109 - Governor's duty to cause arrest and extradition of fugitives

Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling, and acts of congress in pursuance of the United States Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, a felony or another crime, who has fled from justice and is found in this state.
Acts 1951, ch. 240, § 2 (Williams, § 11935.2); T.C.A. (orig. ed.), § 40-1009.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-110 - Contents of demands from other states

No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
Acts 1951, ch. 240, § 3 (Williams, § 11935.3); T.C.A. (orig. ed.), § 40-1010.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-111 - Investigation by prosecuting officer

When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with a crime, the governor may call upon the attorney general and reporter or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Acts 1951, ch. 240, § 4 (Williams, § 11935.4); T.C.A. (orig. ed.), § 40-1011.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-112 - Allegations required in demand for extradition

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:
(1)
Except in cases arising under §
40-9-113
, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;
(2)
The accused is now in this state; and
(3)
The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that the accused has been convicted of a crime in that state and has escaped from confinement or broken parole.
Acts 1951, ch. 240, § 5 (Williams, § 11935.5); T.C.A. (orig. ed.), § 40-1012.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 9 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 40-9-101 — 40-9-130) › Section 40-9-113 - Acts resulting in crime in state in which accused is not present

The governor of this state may surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in §
40-9-112
with committing an act in this state, or in a third state, intentionally resulting in crime in the state whose executive authority is making the demand. The provisions of this chapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Acts 1951, ch. 240, § 6 (Williams, § 11935.6); T.C.A. (orig. ed.), § 40-1013.