Tennessee Code Annotated
Tenn. Code Ann. § 40-6-101 (2026)
"Search warrant" defined
✓ current as of May 2026
A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding the sheriff, constable or peace officer to search for personal property, and bring it before the magistrate.
Code 1932, § 11897; T.C.A. (orig. ed.), § 40-501.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1992–2021 · leading case: State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018).
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018). “" Tenn. Code Ann. § 40-6-101 (2012) (emphasis added).”
State v. Powell, 53 S.W.3d 258 (Tenn. Crim. App. 2000). “See also Tenn.Code Ann. §§ 40-6-101 to 107. We first note that while this rule limits the class of persons who may request a search warrant to the district attorney general, assistant district attorney general, criminal investigator, or any law-enforcement officer, the rule does…”
State v. Smith, 867 S.W.2d 343 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-6-101. A general sessions judge qualifies as a magistrate and is authorized to issue search warrants.”
State v. Brewer, 989 S.W.2d 349 (Tenn. Crim. App. 1997). “” Tenn.Code Ann. § 40-6-101 (1990). Rule 41(c) of the Tennessee Rules of Criminal Procedure provides in pertinent part: The magistrate shall prepare an original and two exact copies of the search warrant, one of which shall be kept by the magistrate as a part of his or her…”
State v. Brown, 836 S.W.2d 530 (Tenn. 1992). “” There were ample grounds, pursuant to T.C.A. §§ 40-6-101 et seq., for the issuance of a search warrant to recover these items.”
State of Tennessee v. Anthony Jerome Miller, 575 S.W.3d 807 (2019). “Similarly, the general law applicable to search warrants set out in Tennessee Rule of Criminal Procedure 41(a) contains no such limitation.”
State of Tennessee v. Lindsey Brooke Lowe (Tenn. Crim. App. 2016). “The Attorney General elaborated that the statute allowed the admission of evidence seized despite a technical or good faith violation of Tennessee Code Annotated section 40-6-101, et seq., and Tennessee Rule of Criminal Procedure 41, but that such evidence might still be…”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks (Tenn. Crim. App. 2017). “See T.C.A. §§ 40-6-101, 40-6- 105. A magistrate historically has been defined in a broad sense as “‘a public civil officer, possessing such power—legislative, executive, or judicial—as the government appointing him may ordain.”
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). “” T.C.A. § 40-6-101. “A search warrant can only be issued on probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.”
State v. Warner Powell & Charlie Stokes (Tenn. Crim. App. 2000). “See also Tenn. Code Ann. §§ 40-6-101 to -107. We first note that while this rule limits the class of persons who may request a search warrant to the district attorney general, assistant district attorney general, criminal investigator, or any law- enforcement officer, the rule…”
State of Tennessee v. Chysea Myranda Marney (Tenn. Crim. App. 2003). “” Tenn. Code Ann. § 40-6-101 (2003). In Tennessee, a finding of probable cause supporting issuance of a search warrant must be based upon evidence included in a written and sworn affidavit.”
State v. Brewer (Tenn. Crim. App. 2010). “” Tenn. Code Ann. § 40-6-101 (1990). Rule 41(c) of the Tennessee Rules of Criminal Procedure provides in 4 pertinent part: The magistrate shall prepare an original and two exact copies of the search warrant, one of which shall be kept by the magistrate as a part of his or her…”
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