Tennessee Code Annotated

Tenn. Code Ann. § 38-3-108 (2026)

Duty to arrest

✓ current as of May 2026

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It is the duty of all peace officers who know, or have reason to suspect, any person of being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace, to arrest such person immediately, and take such person before the court of general sessions.

Code 1858, § 4939 (deriv. Acts 1825, ch. 19, § 1); Shan., § 6900; Code 1932, § 11424; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-208.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2000–2023 · leading case: White v. Revco Disc. Drug Centers, Inc., 37 S.W.3d 885 (Tenn. 2000).

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White v. Revco Disc. Drug Centers, Inc., 37 S.W.3d 885 (Tenn. 2000). · cites it 6× “In its petition, the defendant has alleged two grounds: (1) that this Court did not state the effect of Tennessee Code Annotated section 38-3-108 on its statement that “a blanket rule declaring that police officers are under a never-ending duty to keep the peace is contrary to…”

Eady v. Bryant (E.D. Tenn. 2023). · cites it 2× “Tenn. Code Ann. § 38-3-108 . “A crime is committed in the presence of an officer [w]here an officer is apprised by any of his senses that a crime is being committed[.”

Reid v. Lee (M.D. Tenn. 2022). · cites it 2× “§ 38-3-107 (riots and breaches of peace); Tenn. Code Ann. § 38-3-108 (“being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace”).”

Jordan v. Lee (M.D. Tenn. 2022). · cites it 2× “§ 6-54-401 (“lewdness, drunkenness, gaming, and the sale and manufacture of intoxicating liquors”); Tenn. Code Ann. § 38-3-107 (riots and breaches of peace); Tenn.”

Jordan v. Lee (M.D. Tenn. 2020). · cites it 2× “§ 6-54-401 (“lewdness, drunkenness, gaming, and the sale and manufacture of intoxicating liquors”); Tenn. Code Ann. § 38-3-107 (riots and breaches of peace); Tenn.”

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