Tennessee Code Annotated

Tenn. Code Ann. § 40-1-106 (2026)

Officials defined as magistrates

✓ current as of May 2026

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The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district. All other magistrates have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district, county, or jurisdiction, if at least one (1) element of the alleged crime on which the search warrant is based is committed within the jurisdiction of the magistrate.

Amended by 2024 Tenn. Acts, ch. 892,s 2, eff. 5/1/2024.

Amended by 2019 Tenn. Acts, ch. 486, s 14, eff. 7/1/2019.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2017–2025 · leading case: State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018).

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State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018). · cites it 20× “See Tenn. Code Ann. § 40-1-106 (2018). A retired circuit court judge of the 23rd Judicial District was designated to adjudicate the defendants' motions to suppress.”

State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks (Tenn. Crim. App. 2017). · cites it 40× “T.C.A. § 40-1-106 (1982). Under this amended statute, the term “general sessions courts” was not simply substituted for “justices of the peace.”

State of Tennessee v. Terry Bradford Whitaker (Tenn. Crim. App. 2020). · cites it 2× “Tenn. Code Ann. § 40-1-106 . In Frazier, 558 S.”

State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). · cites it 2× “Text messages from the victim’s phone, to which law enforcement officers had lawful access, showed that he and someone identifying themselves as “T” exchanged text messages immediately before the victim’s murder, and the two agreed to meet at the Red Roof Inn in order for the…”

State of Tennessee v. James Brent Wall (Tenn. Crim. App. 2025). · cites it 2× “§§ 40-35-311 (requiring warrant 7 to be “issued under the trial judge’s hand”); 40-6-201 (requiring warrant to be “signed by a magistrate,” which, as defined by Tenn. Code Ann. § 40-1-106 , includes judges, but not court clerks).”

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