Tennessee Code Annotated
Tenn. Code Ann. § 40-5-103 (2026)
Examination required before commitment
✓ current as of May 2026
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.
Notes of Decisions
Cited in 5
cases, 1985–2000 · leading case: State v. Duncan, 698 S.W.2d 63 (Tenn. 1985).
State v. Duncan, 698 S.W.2d 63 (Tenn. 1985). “Defendant argues the evidence was inadmissible as the fruit of an illegal arrest, because the defendant did not knowingly and intelligently waive his Miranda rights, because his statements were coerced, and because his last statement was obtained before he was examined by a…”
State v. Readus, 764 S.W.2d 770 (Tenn. Crim. App. 1988). “The most prevalent ill that its explicit condemnation of unnecessary delay was meant to help prevent was the practice of some officers of making arrests, locking the arrestees in jail without benefit of a mittimus, and often not bothering to take the accused before a magistrate…”
Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “§ 17-13-10 (1985); Tenn. Code Ann. § 40-5-103 (1992); Wis. Stat.”
Jenkins v. Chief Just. of the Dist. Court Dep't, 416 Mass. 221 (Mass. 1993). “§ 17-13-10 (1985); Tenn. Code Ann. § 40-5-103 (1992); Wis. Stat.”
United States v. Pennington, 115 F. Supp. 2d 910 (W.D. Tenn. 2000). “r duties shall include, but not be limited to, the following: (i) issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5…”
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