Tennessee Code Annotated
Tenn. Code Ann. § 40-6-104 (2026)
Examination of complainant
✓ current as of May 2026
The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.
Code 1932, § 11900; T.C.A. (orig. ed.), § 40-504.
Notes of Decisions
Cited in 37
cases, 1985–2018 · leading case: State v. Dellinger, 79 S.W.3d 458 (Tenn. 2002).
State v. Dellinger, 79 S.W.3d 458 (Tenn. 2002). “Section 40-6-104 of the Tennessee Code Annotated requires that the magistrate issuing the warrant first "examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making them.”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “Although the search warrant passed constitutional muster, it failed to comply with the affidavit requirements of Tennessee Code Annotated section 40-6-103, Tennessee Code Annotated section 40-6-104, and Tennessee Rule of Criminal Procedure 41(c)(1).”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018). “, Tenn. Code Ann. §§ 40-6-104 to -105 (2018).”
State v. Smotherman, 201 S.W.3d 657 (Tenn. 2006). “Tennessee Code Annotated section 40-6-104 (2003) provides: The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making…”
State v. Moon, 841 S.W.2d 336 (Tenn. Crim. App. 1992). “T.C.A. § 40-6-104; Tenn.R.Crim.P. 41(c). Thus, in Tennessee, probable cause to support the issuance of the warrant must appear in the affidavit and judicial review of the existence of probable cause will not include looking to other evidence provided to or known by the issuing…”
State v. Johnson, 854 S.W.2d 897 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-6-103; State ex rel. Blackburn v.”
State v. Smith, 867 S.W.2d 343 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-6-103; State ex rel. Blackburn v.”
State v. Smith, 836 S.W.2d 137 (Tenn. Crim. App. 1992). “T.C.A. § 40-6-104. Examination of complainant.”
State v. Taylor, 763 S.W.2d 756 (Tenn. Crim. App. 1988). “T.C.A. § 40-6-104 requires that *760 the affidavit “set forth facts tending to establish the grounds of the application, or probable cause for believing they exist.”
State v. Huff, 760 S.W.2d 633 (Tenn. Crim. App. 1988). “Second, the State contends that this Court “misapprehends a material proposition of law in holding that a mother with children necessarily meets special needs pursuant to Tenn.Code Ann. § 40-6-104(5).” While the opinion is clear on its face, this Court will nevertheless attempt…”
State v. Abernathy, 159 S.W.3d 601 (Tenn. Crim. App. 2004). “§ 40-6-104; Tenn. R.Crim. P. 41(c). Probable cause to support the issuance of the warrant must appear in the affidavit, and judicial review of the existence of probable cause will not include looking to other evidence provided to or known by the issuing magistrate or possessed…”
State v. George, 706 S.W.2d 91 (Tenn. Crim. App. 1985). “The first informant who heard the burglar alarm and saw the truck going into the area was shown the pick-up which is known to be operated by Richard Reese and is usually in the driveway of the property known as the Junk Yard, and after seeing it stated that it was the same…”
— Tenn. Code Ann. § 40-6-104(5) — 1 case
State v. Huff, 760 S.W.2d 633 (Tenn. Crim. App. 1988). “Second, the State contends that this Court “misapprehends a material proposition of law in holding that a mother with children necessarily meets special needs pursuant to Tenn.Code Ann. § 40-6-104(5).” While the opinion is clear on its face, this Court will nevertheless attempt…”
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