Tennessee Code Annotated
Tenn. Code Ann. § 40-6-203 (2026)
Examination of affiant
✓ current as of May 2026
- (a) Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it.
- (b)
- (1) The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously.
- (2) Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with § 40-6-204 and Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant.
Amended by 2021 Tenn. Acts, ch. 539, s 3, eff. 7/1/2021.
Code 1858, § 5020; Shan., § 6979; Code 1932, § 11518; T.C.A. (orig. ed.), § 40-702; Acts 1999, ch. 51, § 1; 2003 , ch. 366, § 1.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1998–2026 · leading case: State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016).
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 40-6-203(a) provides that “[ujpon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed…”
State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016). “We agree with the analysis expressed by the panel in Felicia Jones that the signing of the affidavit of complaint “before a notary public rather than a qualified judicial officer did not meet the requirements of [Code] section 40-6-203(a) and Rule 3” and that this defect…”
State v. Wilson, 6 S.W.3d 504 (Tenn. Crim. App. 1998). “” Tenn.Code Ann. § 40-6-203. The magistrate then reviews the affidavit of complaint to determine whether there is probable cause for an arrest.”
United States v. Medina-Almaguer, 559 F.3d 420 (6th Cir. 2009). “3(c); see also Tenn.Code Ann. § 40-6-203. An affidavit of complaint, we also realize, is similar to preliminary-examination testimony in at least one respect: It has “substantially greater indicia of reliability than mere police reports” because it is given “under oath and…”
State of Tennessee v. Jay Junior Heifner (Tenn. Crim. App. 2025). “” Tenn. Code Ann. § 40-6-203 (a); see also Tenn.”
State of Tennessee v. Jay Junior Heifner (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 40-6-203 (a); see also Tenn.”
State of Tennessee David Allen Jackson (Tenn. Crim. App. 2016). “” Tenn. Code Ann. § 40-6-203 (b)(1). The Tennessee Rules of Criminal Procedure provide that when a person is arrested without a warrant, he “shall be taken without unnecessary delay before the nearest appropriate magistrate” and that “[a]n affidavit of complaint shall be filed…”
State of Tennessee v. Louis Grieco (Tenn. Crim. App. 2017). “T.C.A. § 40-6-203(a)-(b). Rule 3 of the Tennessee Rules of Criminal Procedure mandates that an affidavit of complaint “be made on oath before a magistrate or a neutral and detached court clerk authorized by Rule 4 to make a probable cause determination.”
State of Tennessee v. Lisa Hayes (Tenn. Crim. App. 2016). “See Tenn. Code Ann. § 40-6-203 (a) (Tennessee Code Annotated section 40-6-203(a) provides: “Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause…”
State of Tennessee v. Andrew Hall (Tenn. Crim. App. 2015). “§ 40-6-204 addresses the written “examination” of the law enforcement officer which sets forth facts given by the officer to establish probable cause for an arrest, as is required by T.C.A. § 40-6-203. T.C.A. § 40-6-204 does not require the magistrate to state in the warrant…”
State of Tennessee v. Jason Gonzalez (Tenn. Crim. App. 2016). “Code section 40-6-203(a) provides, in pertinent part, as follows: (a) Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, -8- on oath, the affiant or affiants, reduce the examination to writing, and cause the examination…”
State v. Perez (Tenn. Crim. App. 1998). “§ 40-6- 205. Thus, an arrest warrant can only be validly issued upon probable cause being shown by written affidavit pursuant to Rule 4 and T.”
— Tenn. Code Ann. § 40-6-203(a) — 9 cases
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 40-6-203(a) provides that “[ujpon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed…”
State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016). “We agree with the analysis expressed by the panel in Felicia Jones that the signing of the affidavit of complaint “before a notary public rather than a qualified judicial officer did not meet the requirements of [Code] section 40-6-203(a) and Rule 3” and that this defect…”
State of Tennessee David Allen Jackson (Tenn. Crim. App. 2016). “” Tenn. Code Ann. § 40-6-203 (b)(1). The Tennessee Rules of Criminal Procedure provide that when a person is arrested without a warrant, he “shall be taken without unnecessary delay before the nearest appropriate magistrate” and that “[a]n affidavit of complaint shall be filed…”
State of Tennessee v. Louis Grieco (Tenn. Crim. App. 2017). “T.C.A. § 40-6-203(a)-(b). Rule 3 of the Tennessee Rules of Criminal Procedure mandates that an affidavit of complaint “be made on oath before a magistrate or a neutral and detached court clerk authorized by Rule 4 to make a probable cause determination.”
State of Tennessee v. Lisa Hayes (Tenn. Crim. App. 2016). “See Tenn. Code Ann. § 40-6-203 (a) (Tennessee Code Annotated section 40-6-203(a) provides: “Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause…”
— Tenn. Code Ann. § 40-6-203(b)(1) — 1 case
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 40-6-203(a) provides that “[ujpon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed…”
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