Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 7 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-7-109 (2026)

Arrest by private person - Grounds

✓ current as of May 2026
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Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1983–2024 · leading case: State v. Smith, 695 S.W.2d 954 (Tenn. 1985).
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State v. Smith, 695 S.W.2d 954 (Tenn. 1985). · cites it 4× “See T.C.A. §§ 40-7-109(a)(1), (2), (3). A private person may even break into the dwelling house of an individual who has committed a felony after giving proper notice of his intention to make the arrest.”
White v. Revco Disc. Drug Centers, Inc., 33 S.W.3d 713 (Tenn. 2000). · cites it 2× “See Tenn.Code Ann. § 40-7-109 (1997) (listing grounds permitting arrest by private citizens).”
State v. Johnson, 661 S.W.2d 854 (Tenn. 1983). · cites it 2× “It is provided by T.C.A., § 40-7-109, that: “(a) A private person may arrest another: (1) .”
State v. Flynn, 675 S.W.2d 494 (Tenn. Crim. App. 1984). · cites it 3× “Here the unauthorized police activity was an investigation and not an arrest, and there is no applicable statutory provision analogous to § 40-7-109 regarding investigations carried beyond the jurisdictional limits of the investigating authority.”
State of Tennessee v. Jose Amates Martinez, 372 S.W.3d 598 (Tenn. Crim. App. 2011). · cites it 2× “Our Supreme Court noted that Tennessee Code Annotated section 40-7-109 permits a private person to arrest another person under various situations, including the one being considered by the Court.”
Friends of George's, Inc. v. Steven Mulroy, 108 F.4th 431 (6th Cir. 2024). “” Tenn. Code Ann. § 40-7-109 (a)(1). This encompasses all misdemeanors committed in public and in the presence of the person making the arrest.”
Alexander v. Beale Street Blues Co., Inc., 108 F. Supp. 2d 934 (W.D. Tenn. 1999). “(b) An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by a bystander and delivered to the officer, and anyone arrested by a private person as provided in §§ 40-7-109 — 40-7-112, and…”
State of Tennessee v. Paul Leon Cox (Tenn. Crim. App. 2011). · cites it 6× “7, 2003), and Tennessee Code Annotated section 40-7-109, the “citizens arrest” statute, in support of its argument.”
State of Tennessee v. Corey Forest (Tenn. Crim. App. 2021). · cites it 2× “Tennessee Code Annotated section 40-7-109 (2018), provides authority for a private person to make an arrest.”
State of Tennessee v. Ronald W. Byrd (Tenn. Crim. App. 2001). · cites it 2× “§ 40-7-109 (1997), provides: (a) A private person may arrest another: (1) For a public offense committed in the arresting person’s presence; (2) When the person arrested has committed a felony, although not in the arresting person’s presence; or (3) When a felony has been…”
State of Tennessee v. Lester Arnold Clouse (Tenn. Crim. App. 2014). · cites it 2× “Tennessee Code Annotated section 40-7-109(a) permits a private person to arrest another under the following circumstances: (1) For a public offense committed in the arresting person’s presence; (2) When the person arrested has committed a felony, although not in the arresting…”
State of Tennessee v. Steven Troy Wilburn (Tenn. Crim. App. 2015). · cites it 2× “Tennessee Code Annotated section 40-7-109(a) authorizes a private citizen to arrest another individual in three circumstances: (1) For a public offense committed in the arresting person’s presence; (2) When the person arrested has committed a felony, although not in the…”
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— Tenn. Code Ann. § 40-7-109(a) — 3 cases
State of Tennessee v. Lester Arnold Clouse (Tenn. Crim. App. 2014). “Tennessee Code Annotated section 40-7-109(a) permits a private person to arrest another under the following circumstances: (1) For a public offense committed in the arresting person’s presence; (2) When the person arrested has committed a felony, although not in the arresting…”
State of Tennessee v. Steven Troy Wilburn (Tenn. Crim. App. 2015). “Tennessee Code Annotated section 40-7-109(a) authorizes a private citizen to arrest another individual in three circumstances: (1) For a public offense committed in the arresting person’s presence; (2) When the person arrested has committed a felony, although not in the…”
United States v. Yoon (6th Cir. 2005).
— Tenn. Code Ann. § 40-7-109(a)(1) — 1 case
State v. Smith, 695 S.W.2d 954 (Tenn. 1985). “See T.C.A. §§ 40-7-109(a)(1), (2), (3). A private person may even break into the dwelling house of an individual who has committed a felony after giving proper notice of his intention to make the arrest.”
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