Tennessee Code Annotated

Tenn. Code Ann. § 40-7-113 (2026)

Disposition of person arrested by private person

✓ current as of May 2026

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(a) A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer.

(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 delivered to the officer.

Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821.

Notes of Decisions

Cited in 3 cases, 1999–2003 · leading case: Alexander v. Beale Street Blues Co., Inc., 108 F. Supp. 2d 934 (W.D. Tenn. 1999).

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Alexander v. Beale Street Blues Co., Inc., 108 F. Supp. 2d 934 (W.D. Tenn. 1999). · cites it 2× “Instead, the officers argue that the BB King’s employees made a citizen’s arrest of Alexander prior to the officers’ arrival, and that the officers merely took custody of Alexander as required by Tennessee Code Annotated § 40-7-113. 7 The court finds that the officers’ argument…”

State of Tennessee v. Ronald W. Byrd (Tenn. Crim. App. 2001). · cites it 4× “Additionally, we note that Tenn. Code Ann. § 40-7-113 (a) (1997) provides that “[a] private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer.”

State of Tennessee v. Steve McKenzie (Tenn. Crim. App. 2003). “Finally, this Court also finds that this arrest is akin to a “citizen’s arrest” pursuant to TCA 40-7-109 and TCA 40-7-113. The State argues on appeal that the defendant’s certified question is not dispositive, resulting in the defendant’s appeal not properly being before this…”

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