Tennessee Code Annotated

Tenn. Code Ann. § 40-6-204 (2026)

Contents of examination

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a) The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it.

(b) The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant.

Amended by 2021 Tenn. Acts, ch. 539, s 4, eff. 7/1/2021.

Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; 2003 , ch. 366, § 2.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2010–2026 · leading case: Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010).

Sort: Relevance Newest Treatment

Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010). “§ 40-6-204. Tennessee Rule of Criminal Procedure 3 provides: The affidavit of complaint is a statement alleging that a person has committed an offense.”

State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “§ 40-6-204. “If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue an arrest…”

State of Tennessee v. Andrew Hall (Tenn. Crim. App. 2015). · cites it 10× “” Defendant argues that the “Uniform Citation” document fails to qualify as an arrest warrant because it does not have “a finding of probable cause” as mandated by T.C.A. § 40-6-204. Defendant’s argument is misplaced.”

State of Tennessee v. Jay Junior Heifner (Tenn. Crim. App. 2025). · cites it 5× “” Tenn. Code Ann. § 40-6-204 ; see also Tenn.”

State of Tennessee v. Jay Junior Heifner (Tenn. Crim. App. 2026). · cites it 5× “” Tenn. Code Ann. § 40-6-204 ; see also Tenn.”

State of Tennessee David Allen Jackson (Tenn. Crim. App. 2016). · cites it 2× “” Tenn. Code Ann. § 40-6-204 . “If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.