Tennessee Code Annotated
Tenn. Code Ann. § 40-5-101 (2026)
"Magistrate" defined
✓ current as of May 2026
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.
Notes of Decisions
Cited in 3
cases, 1997–2001 · leading case: United States v. Donald Ray Scott, 260 F.3d 512 (6th Cir. 2001).
United States v. Donald Ray Scott, 260 F.3d 512 (6th Cir. 2001). “The district court found that Judge Barker was neither a magistrate as defined in Tenn. Code Ann. § 40-5-101 (1994), nor did he have authority as a special general sessions judge under Tenn.”
State v. Pennington, 952 S.W.2d 420 (Tenn. 1997). “An§ 40-5-101 etseq. 5 .In his brief to this Court, the defendant attempts to argue that this proffered rationale for the detention was a pretext and that he was actually detained as punishment for the charged offenses.”
United States v. Scott, 69 F. Supp. 2d 1018 (E.D. Tenn. 1999). “Tenn. Code Ann. § 40-5-101 (1994). Tennessee statutory law provides a list of individuals who constitute magistrates for purposes of issuing warrants.”
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