Tennessee Code Annotated

Tenn. Code Ann. § 40-7-101 (2026)

Persons by whom arrests made

✓ current as of May 2026

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An arrest may be made either by:

(1) An officer under a warrant;

(2) An officer without a warrant; or

(3) A private person.

Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801.

Notes of Decisions

Cited in 2 cases, 1992–2013 · leading case: Jones v. United States Drug Enf't Admin., 801 F. Supp. 15 (M.D. Tenn. 1992).

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Jones v. United States Drug Enf't Admin., 801 F. Supp. 15 (M.D. Tenn. 1992). “§ 40-7-101 (1990). They eventually were deputized as federal agents, but at the time of this seizure, their powers to conduct the investigation derived from their status as local police officers.”

State of Tennessee v. Lesergio D. Wilson (Tenn. Crim. App. 2013). · cites it 4× “See Tenn. Code Ann. § 40-7-101 (2006). Given this fact, and the Rule of Criminal Procedure which states that an officer need not have an arrest warrant in his possession at the time of arrest, see Tenn.”

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