Tennessee Code Annotated
Tenn. Code Ann. § 40-6-103 (2026)
Probable cause and affidavit
✓ current as of May 2026
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.
Code 1858, § 5319; Shan., § 7297; Code 1932, § 11899; T.C.A. (orig. ed.), § 40-503.
Notes of Decisions
Cited in 92
cases (8 in the last 5 years), 1987–2026 · leading case: State v. Keith, 978 S.W.2d 861 (Tenn. 1998).
State v. Keith, 978 S.W.2d 861 (Tenn. 1998). “The Fourth Amendment to the United States Constitution explicitly mandates that search *869 warrants issue only "upon probable cause, supported by Oath or affirmation." Though, Article I, Section 7 of the Tennessee Constitution does not require an oath or affirmation, it…”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “Tennessee Code Annotated section 40-6-103 provides that 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. Henning, 975 S.W.2d 290 (Tenn. 1998). “Jacumin, supra ; Tenn.Code Ann. § 40-6-103 (1997 Repl.). Probable cause has been defined as a reasonable ground for suspicion, supported by circumstances indicative of an illegal act.”
State v. McCary, 119 S.W.3d 226 (Tenn. Crim. App. 2003). “Tennessee Rule of Criminal Procedure 41(©) provides in part that “if the magistrate is satisfied that grounds for the application [for a search warrant] exist or that there is probable cause to believe that they exist, the magistrate shall issue a warrant identifying the…”
State v. Norris, 47 S.W.3d 457 (Tenn. Crim. App. 2000). “As noted by the Supreme Court of Utah, "[p]olice officers by virtue of their experience and training can sometimes recognize illegal activity where ordinary citizens would not.”
STATE of Tennessee v. Marcus RICHARDS, 286 S.W.3d 873 (Tenn. 2009). “3d at 901 (recognizing that “article I, section 7 of the Tennessee Constitution protects] individuals from unreasonable searches and seizures”) (emphasis added); Tenn.Code Ann. § 40-6-103 (2006) (providing that probable cause requires information “naming or describing the person…”
State v. Johnson, 854 S.W.2d 897 (Tenn. Crim. App. 1993). “The informant has proved on several occasions that his information is very reliable and has informed me that in the past thirty-six (36) hours has seen stolen property *899 and drugs on the above described premises of Joe Johnson.”
State v. Smotherman, 201 S.W.3d 657 (Tenn. 2006). “Tennessee Code Annotated section 40-6-103 (2003) provides that "[a] search warrant can only be issued on a probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.”
State v. Moon, 841 S.W.2d 336 (Tenn. Crim. App. 1992). “We do not question the reliability of the affiant’s testi *338 mony, but as a matter of policy the consideration of such evidence is inappropriate and lends itself to the risk of after-the-fact justification for a warrant.”
State v. Meeks, 867 S.W.2d 361 (Tenn. Crim. App. 1993). “Article I, Section 7 of our state Constitution prohibits general warrants and T.C.A. § 40-6-103 specifically requires search warrants to describe the property to be seized with particularity.”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018). “In particular, the State argues that the defect in the warrants here is similar to the "inadvertent" technical error in Davidson , where an officer signed the warrant rather than the affidavit in support of the warrant, as required by Tennessee Code Annotated sections 40-6-103…”
State v. MacK, 188 S.W.3d 164 (Tenn. Crim. App. 2004). “Tennessee Code Annotated section 40-6-103 provides, "A search warrant can only be issued on a probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.”
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