Tennessee Code Annotated
Tenn. Code Ann. § 40-7-106 (2026)
Notice of authority and grounds for arrest - Telephone call
✓ current as of May 2026
- (a) When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape.
- (b) No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately.
Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806.
Notes of Decisions
Cited in 10
cases, 1987–2009 · leading case: Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009).
Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009). “The plaintiffs asserted claims under a variety of Tennessee statutes, including allegations that the law enforcement defendants failed to exhibit a warrant in violation of Tenn. Code Ann. § 40-7-106 (a), failed to provide Mrs.”
State v. Downey, 259 S.W.3d 723 (Tenn. 2008). “” Tennessee Code Annotated section 40-7-106(b) (2006) provides: No person under arrest by any officer .”
Tucker v. Tennessee, 539 F.3d 526 (6th Cir. 2008). “T.C.A. § 40-7-106(b). Based on this state-mandated post-arrest service, we must therefore assess whether there are any genuine material issues of fact as to whether Hardin County failed to provide the Tuckers with an " equal opportunity to participate in [this] .”
State v. Claybrook, 736 S.W.2d 95 (Tenn. 1987). “Defendant states that he was not allowed this phone call when he requested it, but Sheriff Klyce testified that the defendant made a call “on Saturday afternoon we put him in” jail possibly after he gave his statement to Lewis.”
Galbreath v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee, 121 S.W.3d 660 (Tenn. 2003). “298, § 1 (codified as Tenn.Code Ann. § 40-7-106 (2003)). 23 . See supra note 12.”
State of Tennessee v. Kevin Dewitt Ford & Clifford Sylvester Wright (Tenn. Crim. App. 2005). “§ 40-7-106(b); (6) that [Appellant Ford’s] waiver of his Sixth Amendment right to counsel and his resulting confession were involuntary; (7) that the police officers who arrested and later interrogated [Appellant Ford] failed to explain their reason for arresting him and failed…”
State v. Carolyn Pickett (Tenn. Crim. App. 1998). “Alleged violation of Tenn. Code Ann. § 40-7-106 (b), the right to a telephone call Next, the appellant asserts that her constitutional right to due process was violated because Officer Giliam refused to allow her to make a phone call from the Sewanee Police Station.”
State of Tennessee v. Jashua Shannon Sides - Dissenting (Tenn. Crim. App. 2001). “-2- Thus it appears that Folds is based on a finding that Section 40-7-106(a)(6) permits immediate warrantless arrests solely for the remedial purposes of protecting public safety when a potential defendant is intoxicated, and preventing the dissipation of blood alcohol content…”
State v. Kestner (Tenn. Crim. App. 1998). “” This statement was made upon the trial court deciding to recess court for the day and bring the jury back on another day to complete the trial. The statement was not prejudicial to the defendant.”
Tucker v. State of TN (6th Cir. 2008). “T.C.A. § 40-7-106(b). Based on this state-mandated post-arrest service, we must therefore assess whether there are any genuine material issues of fact as to whether Hardin County failed to provide the Tuckers with an “equal opportunity to participate in [this] .”
— Tenn. Code Ann. § 40-7-106(a) — 2 cases
Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009). “The plaintiffs asserted claims under a variety of Tennessee statutes, including allegations that the law enforcement defendants failed to exhibit a warrant in violation of Tenn. Code Ann. § 40-7-106 (a), failed to provide Mrs.”
State of Tennessee v. Kevin Dewitt Ford & Clifford Sylvester Wright (Tenn. Crim. App. 2005). “§ 40-7-106(b); (6) that [Appellant Ford’s] waiver of his Sixth Amendment right to counsel and his resulting confession were involuntary; (7) that the police officers who arrested and later interrogated [Appellant Ford] failed to explain their reason for arresting him and failed…”
— Tenn. Code Ann. § 40-7-106(a)(6) — 1 case
State of Tennessee v. Jashua Shannon Sides - Dissenting (Tenn. Crim. App. 2001). “-2- Thus it appears that Folds is based on a finding that Section 40-7-106(a)(6) permits immediate warrantless arrests solely for the remedial purposes of protecting public safety when a potential defendant is intoxicated, and preventing the dissipation of blood alcohol content…”
— Tenn. Code Ann. § 40-7-106(b) — 6 cases
State v. Downey, 259 S.W.3d 723 (Tenn. 2008). “” Tennessee Code Annotated section 40-7-106(b) (2006) provides: No person under arrest by any officer .”
Tucker v. Tennessee, 539 F.3d 526 (6th Cir. 2008). “T.C.A. § 40-7-106(b). Based on this state-mandated post-arrest service, we must therefore assess whether there are any genuine material issues of fact as to whether Hardin County failed to provide the Tuckers with an " equal opportunity to participate in [this] .”
State v. Claybrook, 736 S.W.2d 95 (Tenn. 1987). “Defendant states that he was not allowed this phone call when he requested it, but Sheriff Klyce testified that the defendant made a call “on Saturday afternoon we put him in” jail possibly after he gave his statement to Lewis.”
Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009). “The plaintiffs asserted claims under a variety of Tennessee statutes, including allegations that the law enforcement defendants failed to exhibit a warrant in violation of Tenn. Code Ann. § 40-7-106 (a), failed to provide Mrs.”
State of Tennessee v. Kevin Dewitt Ford & Clifford Sylvester Wright (Tenn. Crim. App. 2005). “§ 40-7-106(b); (6) that [Appellant Ford’s] waiver of his Sixth Amendment right to counsel and his resulting confession were involuntary; (7) that the police officers who arrested and later interrogated [Appellant Ford] failed to explain their reason for arresting him and failed…”
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