Tennessee Code Annotated
Tenn. Code Ann. § 40-7-103 (2026)
Grounds for arrest by officer without warrant
✓ current as of May 2026
- (a) An officer may, without a warrant, arrest a person:
- (1) For a public offense committed or a breach of the peace threatened in the officer's presence;
- (2) When the person has committed a felony, though not in the officer's presence;
- (3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony;
- (4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;
- (5) Who is attempting to commit suicide;
- (6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under title 55, chapters 8 and 10. This subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401;
- (7) Pursuant to § 36-3-619;
- (8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401;
- (9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315;
- (10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401; or
- (11) Pursuant to § 55-10-119.
- (b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to chapter 11, part 1 of this title, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer.
- (c) Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104, shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle.
Amended by 2024 Tenn. Acts, ch. 942,s 2, eff. 7/1/2024.
Code 1858, § 5037; Shan., § 6997; Code 1932, § 11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A. (orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990, ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, § 1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch. 296, § 1; 2005, ch. 482, § 2; 2012 , ch. 737, § 2.
Notes of Decisions
Cited in 138
cases (9 in the last 5 years), 1983–2025 · leading case: State v. Yeargan, 958 S.W.2d 626 (Tenn. 1997).
State v. Yeargan, 958 S.W.2d 626 (Tenn. 1997). “[6] We are aware that Tenn. Code Ann. § 40-7-103 (b) (Supp. 1996), provides that unless probable cause exists, only members of the Tennessee highway patrol have the authority to stop a motor vehicle for the sole purpose of examining or checking the operator license of the driver…”
State v. Hicks, 55 S.W.3d 515 (Tenn. 2001). “[10] At the suppression hearing, Lieutenant Hill admitted that the practice of county deputies stopping cars to check licenses, even at a roadblock, is contrary to General Order 410 and that such a practice is also contrary to his understanding of Tennessee Code Annotated…”
State v. Bridges, 963 S.W.2d 487 (Tenn. 1997). “1989); see also Tenn. Code Ann. § 40-7-103 (a)(officers may make a warrantless arrest when they have probable cause to believe that the arrestee has committed or is committing a felony).”
State of Tennessee v. Courtney Bishop, 431 S.W.3d 22 (Tenn. 2014). “One of these recognized exceptions is codified at Tenn.Code Ann. § 40-7-103(a)(3) (2012), which authorizes a warrantless arrest when “a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony.”
State of Tennessee v. Jessie Dotson, 450 S.W.3d 1 (Tenn. 2014). “This exception is codified at Tennessee Code Annotated section 40-7-103(a)(3) (2012), which states that a warrantless arrest is permissible when “a felony has in fact been committed, and the officer has reasonable cause22 for believing the person arrested has committed the…”
State v. Henning, 975 S.W.2d 290 (Tenn. 1998). “Considering these circumstances the officer's failure to formally comply with the "knock and announce" rule was excused in this case by the exigencies involved.”
State v. Crutcher, 989 S.W.2d 295 (Tenn. 1999). “Tenn.Code Ann. § 40-7-103(a)(1) (1997 Repl.”
STATE of Tennessee v. Marcus RICHARDS, 286 S.W.3d 873 (Tenn. 2009). “, there must be statutory grounds for a warrantless arrest, see Tenn.Code Ann. §§ 40-7-103, 40-7-118(c) (2006); cf.”
State v. Lewis, 36 S.W.3d 88 (Tenn. Crim. App. 2000). “See Tenn. Code Ann. § 40-7-103 (a)(3) (1997).”
State v. Bryant, 678 S.W.2d 480 (Tenn. Crim. App. 1984). “This common law rule is codified at T.C.A. § 40-7-103. We note initially that this limitation on warrantless arrests for misdemeanors is not constitutionally required.”
Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995). “§ 6-21-602 (1992); Tenn.Code Ann. § 40-7-103(a)(l) (1990 & Supp.”
State v. Lawrence, 154 S.W.3d 71 (Tenn. 2005). “The defendant contends that the failure of the witnesses to identify him as one of the perpetrators demonstrates a lack of probable cause. An officer has probable cause for a warrantless arrest when a felony has in fact been committed, and the officer has reasonable cause to…”
Tenn. Code Ann. § 40-7-103(1): 3 cases
State v. Blankenship, 757 S.W.2d 354 (Tenn. Crim. App. 1988).
State v. Bryant, 678 S.W.2d 480 (Tenn. Crim. App. 1984). “This common law rule is codified at T.C.A. § 40-7-103. We note initially that this limitation on warrantless arrests for misdemeanors is not constitutionally required.”
State v. Rhymer, 915 S.W.2d 465 (Tenn. Crim. App. 1995).
Tenn. Code Ann. § 40-7-103(1)(2)(3)(4): 1 case
State v. Bryant, 678 S.W.2d 480 (Tenn. Crim. App. 1984). “This common law rule is codified at T.C.A. § 40-7-103. We note initially that this limitation on warrantless arrests for misdemeanors is not constitutionally required.”
Tenn. Code Ann. § 40-7-103(3): 1 case
State v. Walker, 729 S.W.2d 272 (Tenn. Crim. App. 1986).
Tenn. Code Ann. § 40-7-103(4): 1 case
State v. Tays, 836 S.W.2d 596 (Tenn. Crim. App. 1992).
Tenn. Code Ann. § 40-7-103(6): 3 cases
State v. Evetts, 670 S.W.2d 640 (Tenn. Crim. App. 1984).
State v. Blankenship, 757 S.W.2d 354 (Tenn. Crim. App. 1988).
State of Tennessee v. Jashua Shannon Sides - Dissenting (Tenn. Crim. App. 2001).
Tenn. Code Ann. § 40-7-103(a): 11 cases
State v. Bridges, 963 S.W.2d 487 (Tenn. 1997). “1989); see also Tenn. Code Ann. § 40-7-103 (a)(officers may make a warrantless arrest when they have probable cause to believe that the arrestee has committed or is committing a felony).”
State of Tennessee v. Travis Kinte Echols, 382 S.W.3d 266 (Tenn. 2012).
State v. Lewis, 36 S.W.3d 88 (Tenn. Crim. App. 2000). “See Tenn. Code Ann. § 40-7-103 (a)(3) (1997).”
State v. Marshall, 870 S.W.2d 532 (Tenn. Crim. App. 1993).
State of Tennessee v. Jeffrey Lloyd Locke - M2021-01437-CCA-R3-CD (Tenn. Crim. App. 2022).
Tenn. Code Ann. § 40-7-103(a)(1): 12 cases
State v. Crutcher, 989 S.W.2d 295 (Tenn. 1999). “Tenn.Code Ann. § 40-7-103(a)(1) (1997 Repl.”
STATE of Tennessee v. Marcus RICHARDS, 286 S.W.3d 873 (Tenn. 2009). “, there must be statutory grounds for a warrantless arrest, see Tenn.Code Ann. §§ 40-7-103, 40-7-118(c) (2006); cf.”
United States v. Urrieta, 520 F.3d 569 (6th Cir. 2008).
State v. Mikie Ash, 12 S.W.3d 800 (Tenn. Crim. App. 1999).
State of Tennessee v. Raymond Watison (Tenn. Crim. App. 2019).
Tenn. Code Ann. § 40-7-103(a)(10): 2 cases
State of Tennessee v. Forrest Melvin Moore, Jr. (Tenn. Crim. App. 2013).
State of Tennessee v. Claude Thomas Davis - Concurring (Tenn. Crim. App. 2007).
Tenn. Code Ann. § 40-7-103(a)(2): 6 cases
State v. Williams, 914 S.W.2d 940 (Tenn. Crim. App. 1995).
State of Tennessee v. Torsaunt Lamont Shanklin (Tenn. Crim. App. 2021).
State of Tennessee v. Larry J. Patterson (Tenn. Crim. App. 2010).
State of Tennessee v. Calvin Renard Steel (Tenn. Crim. App. 2007).
State of Tennessee v. Joseph John Volpe (Tenn. Crim. App. 2015).
Tenn. Code Ann. § 40-7-103(a)(3): 25 cases
State of Tennessee v. Courtney Bishop, 431 S.W.3d 22 (Tenn. 2014). “One of these recognized exceptions is codified at Tenn.Code Ann. § 40-7-103(a)(3) (2012), which authorizes a warrantless arrest when “a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony.”
State of Tennessee v. Jessie Dotson, 450 S.W.3d 1 (Tenn. 2014). “This exception is codified at Tennessee Code Annotated section 40-7-103(a)(3) (2012), which states that a warrantless arrest is permissible when “a felony has in fact been committed, and the officer has reasonable cause22 for believing the person arrested has committed the…”
State v. Lawrence, 154 S.W.3d 71 (Tenn. 2005). “The defendant contends that the failure of the witnesses to identify him as one of the perpetrators demonstrates a lack of probable cause. An officer has probable cause for a warrantless arrest when a felony has in fact been committed, and the officer has reasonable cause to…”
State v. Johnson, 980 S.W.2d 414 (Tenn. Crim. App. 1998).
State of Tennessee v. Ronald Taylor (Tenn. Crim. App. 2020).
Tenn. Code Ann. § 40-7-103(a)(4): 3 cases
State v. Henning, 975 S.W.2d 290 (Tenn. 1998). “Considering these circumstances the officer's failure to formally comply with the "knock and announce" rule was excused in this case by the exigencies involved.”
State of Tennessee v. Demetrius M. Clark (Tenn. Crim. App. 2012).
State v. Dennis Menzies (Tenn. Crim. App. 2000).
Tenn. Code Ann. § 40-7-103(a)(6): 9 cases
State of Tennessee v. Jashua Shannon Sides - Dissenting (Tenn. Crim. App. 2001).
State of Tennessee v. John L. Wright (Tenn. Crim. App. 2005).
State of Tennessee v. Jimmy Albert Warren (Tenn. Crim. App. 2004).
State of Tennessee v. Gail Lynn Padgett (a.k.a. \Gail Lynn Nevels\")" (Tenn. Crim. App. 2012).
State v. Gregory Battles (Tenn. Crim. App. 1999).
Tenn. Code Ann. § 40-7-103(a)(l): 4 cases
Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995). “§ 6-21-602 (1992); Tenn.Code Ann. § 40-7-103(a)(l) (1990 & Supp.”
United States v. Urrieta, 520 F.3d 569 (6th Cir. 2008).
State v. Booher, 978 S.W.2d 953 (Tenn. Crim. App. 1997).
State v. Rhymer, 915 S.W.2d 465 (Tenn. Crim. App. 1995).
Tenn. Code Ann. § 40-7-103(b): 4 cases
State v. Hicks, 55 S.W.3d 515 (Tenn. 2001). “[10] At the suppression hearing, Lieutenant Hill admitted that the practice of county deputies stopping cars to check licenses, even at a roadblock, is contrary to General Order 410 and that such a practice is also contrary to his understanding of Tennessee Code Annotated…”
State v. Yeargan, 958 S.W.2d 626 (Tenn. 1997). “[6] We are aware that Tenn. Code Ann. § 40-7-103 (b) (Supp. 1996), provides that unless probable cause exists, only members of the Tennessee highway patrol have the authority to stop a motor vehicle for the sole purpose of examining or checking the operator license of the driver…”
State v. Norword, 938 S.W.2d 23 (Tenn. Crim. App. 1996).
State of Tennessee v. Karen Ann Matthews (Tenn. Crim. App. 2011).
Tenn. Code Ann. § 40-7-103(c): 1 case
State v. Hicks, 55 S.W.3d 515 (Tenn. 2001). “[10] At the suppression hearing, Lieutenant Hill admitted that the practice of county deputies stopping cars to check licenses, even at a roadblock, is contrary to General Order 410 and that such a practice is also contrary to his understanding of Tennessee Code Annotated…”
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.