Tennessee Code Annotated
Tenn. Code Ann. § 40-7-118 (2026)
Use of citations in lieu of continued custody of an arrested person
✓ current as of May 2026
- (a) As used in this section, unless the context otherwise requires:
- (1) "Citation" means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. The signature of the person to whom the order is issued is required, and the order must be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense;
- (2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies; and
- (3)
- (A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to:
- (i) Maintain public order;
- (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
- (iii) Investigate the commission or suspected commission of offenses; and
- (B) "Peace officer" also includes an officer, employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state.
- (A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to:
- (b)
- (1) A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer's presence, or who has taken custody of a person arrested by a private person for the commission of a misdemeanor, shall issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. If the peace officer is serving an arrest warrant or capias issued by a magistrate for the commission of a misdemeanor, it is in the discretion of the issuing magistrate whether the person is to be arrested and taken into custody or arrested and issued a citation in accordance with this section in lieu of continued custody. The warrant or capias shall specify the action to be taken by the serving peace officer who shall act accordingly.
- (2)
- (A) This subsection (b) does not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401, unless the offender was admitted to a hospital, or detained for medical treatment for a period of at least three (3) hours, for injuries received in a driving under the influence incident.
- (B) This subsection (b) does not apply to any misdemeanor offense for which § 55-10-207 or § 55-12-139 authorizes a traffic citation in lieu of arrest, continued custody and the taking of the arrested person before a magistrate.
- (3) A peace officer may issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate if a person is arrested for:
- (A) The offense of theft which formerly constituted shoplifting, in violation of § 39-14-103;
- (B) Issuance of bad checks, in violation of § 39-14-121;
- (C) Use of a revoked or suspended driver license in violation of § 55-50-504, § 55-50-601 or § 55-50-602;
- (D) Assault or battery as those offenses are defined by common law, if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant; or
- (E) Prostitution, in violation of § 39-13-513, if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested.
- (c) A peace officer may arrest and take a person into custody if:
- (1) A reasonable likelihood exists that the arrested person will fail to appear in court; or
- (2) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.
- (d) No citation shall be issued under this section if:
- (1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety;
- (2) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person;
- (3) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation;
- (4) [Deleted by 2019 amendment.]
- (5) [Deleted by 2019 amendment.]
- (6) The person demands to be taken immediately before a magistrate or refuses to sign the citation;
- (7) The person arrested is so intoxicated that the person could be a danger to the person's own self or to others;
- (8) There are one (1) or more outstanding arrest warrants for the person; or
- (9) The person is subject to arrest pursuant to § 55-10-119.
- (e)
- (1) In issuing a citation, the officer shall:
- (A) Prepare a citation that includes the name and address of the cited person, the offense charged, and the time and place of appearance;
- (B) Have the offender sign the citation. The officer shall deliver one (1) copy to the offender and retain the other; and
- (C) Release the cited person from custody.
- (2)
- (A) An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature.
- (B) Whenever a citation is issued electronically, the officer shall provide the cited person with a paper copy of the citation.
- (C) Replicas of citation data sent by electronic transmission must be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense.
- (1) In issuing a citation, the officer shall:
- (f) By accepting the citation, the defendant agrees to appear at the arresting law enforcement agency prior to trial to be booked and processed. Failure to so appear is a Class A misdemeanor.
- (g) If the person cited fails to appear in court on the date and time specified or fails to appear for booking and processing prior to the person's court date, the court shall issue a bench warrant for the person's arrest.
- (h) Whenever a citation has been prepared, delivered and filed with a court as provided in this section, a duplicate copy of the citation constitutes a complaint to which the defendant shall answer. The duplicate copy shall be sworn to by the issuing officer before any person authorized by law to administer oaths.
- (i) Nothing in this section shall be construed to affect a peace officer's authority to conduct a lawful search even though the citation is issued after arrest.
- (j) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation or who knowingly gives a false or assumed name or address commits a Class A misdemeanor, regardless of the disposition of the charge for which the person was originally arrested. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful.
- (k) Whenever an officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d), the officer shall note the reason for not issuing a citation on the arrest ticket. An officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d) shall not be subject to civil or criminal liability for false arrest, false imprisonment or unlawful detention.
- (l)
- (1) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following:
NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
- (2) Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision (l)(1). The signature of each person creates a presumption of knowledge of the notice and a presumption of intent to violate this section if the person should not appear as required by the citation.
- (3) Whenever there are changes in the citation form notice required by this subsection (l), a law enforcement agency may exhaust its existing supply of citation forms before implementing the new citation forms.
- (1) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following:
- (m) This section shall govern all aspects of the issuance of citations in lieu of the continued custody of an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary.
- (n) In cases in which:
- (1) The public will not be endangered by the continued freedom of the suspected misdemeanant; and
- (2) The law enforcement officer has reasonable proof of the identity of the suspected misdemeanant,
- (3) [Deleted by 2019 amendment.]
the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law.
Amended by 2020 Tenn. Acts, ch. 781, Secs.s 1, s 2 eff. 7/15/2020.
Amended by 2019 Tenn. Acts, ch. 316, Secs.s 1, s 2, s 3, s 4 eff. 5/9/2019.
Acts 1981, ch. 500, §§ 1, 2; T.C.A., § 40-827; Acts 1983, ch. 200, § 1; 1984, ch. 553, §§ 1, 2; 1985, ch. 320, §§ 1-8, 10, 11; 1988, ch. 932, § 1; 1989, ch. 591, § 113; 1991, ch. 16, § 1; 1993, ch. 241, §§ 68-70; 1996, ch. 644, § 1; 2002, ch. 619, § 1; 2012 , ch. 737, § 3.
Notes of Decisions
Cited in 59
cases (5 in the last 5 years), 1998–2026 · leading case: State v. Walker, 12 S.W.3d 460 (Tenn. 2000).
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
State of Tennessee v. Triston Lee Harris, 280 S.W.3d 832 (Tenn. Crim. App. 2008). “3 2 Interlocking with these rules of constitutional force, Tennessee Code Annotated sections 40-7-118 and 55-10-207(a) provide that when an officer observes the commission of certain misdemeanors, the officer is required to cite and release the misdemeanant in lieu of effecting…”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “Codified Laws §32-33-2 (1998); Tenn. Code Ann. §40-7-118 (b)(1) (1997); Va.”
State v. Berrios, 235 S.W.3d 99 (Tenn. 2007). “2000), this Court concluded that Tennessee’s “cite and release” statute, Tennessee Code Annotated section 40-7-118, created a “a presumptive right to be cited and released for the commission of a misdemeanor.”
State v. Chearis, 995 S.W.2d 641 (Tenn. Crim. App. 1999). “Specifically, Tenn.Code Ann. § 40-7-118(b)(l) provides: “[an] officer who has arrested a person for the commission of a misdemeanor committed in such .”
League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523 (6th Cir. 2007). “, Tenn.Code Ann. § 40-7-118(c)(3). [3] Hence, plaintiffs impliedly allege that the denial of a driver license (a) makes it necessary for a lawful temporary resident alien to carry his or her passport and/or other immigration documents for personal identification purposes; and…”
State v. Jackson, 313 S.W.3d 270 (Tenn. Crim. App. 2008). “§ 55-50-351(a) is a specific statute and that Tenn.Code Ann. § 40-7-118 is a general statute; therefore, the direction of the specific statute should control.”
State of Tennessee v. Wayne Donaldson, 380 S.W.3d 86 (Tenn. 2012). “2000), this Court concluded that Tennessee Code Annotated section 40-7-118 created “a presumptive right to be cited and released for the commission of a misdemeanor.”
State v. Bayard, 71 P.3d 498 (Nev. 2003). “Codified Laws § 32-33-2 (1998); Tenn. Code Ann. § 40-7-118 (b)(1) (1997); Va.”
United States v. Coats, 335 F. Supp. 2d 871 (W.D. Tenn. 2004). “See Tenn.Code Ann. § 40-7-118. 1 In his post-hearing memorandum, the defendant argues that the search of his vehicle pursuant to a traffic citation was in violation of the Constitution.”
State of Tennessee v. Timothy L. Robertson (Tenn. Crim. App. 2001). “The court then found that the defendant was lawfully placed under custodial arrest based on the subsection of the cite and release statute providing for custodial arrest for a misdemeanor offense when “[t]here is a reasonable likelihood that the offense would continue or…”
Thomsen v. Sullivan Cnty., Tennessee (E.D. Tenn. 2023). “According to TCA § 40-7-118, a peace officer “shall issue a citation” to a person arrested for the commission of a misdemeanor committed in the officer’s presence, unless “[a] reasonable likelihood exists that the arrested person will fail to appear in court.”
— Tenn. Code Ann. § 40-7-118(a)(1) — 1 case
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
— Tenn. Code Ann. § 40-7-118(a)(3)(A) — 1 case
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
— Tenn. Code Ann. § 40-7-118(b) — 1 case
State v. Jackson, 313 S.W.3d 270 (Tenn. Crim. App. 2008). “§ 55-50-351(a) is a specific statute and that Tenn.Code Ann. § 40-7-118 is a general statute; therefore, the direction of the specific statute should control.”
— Tenn. Code Ann. § 40-7-118(b)(1) — 13 cases
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
State of Tennessee v. Triston Lee Harris, 280 S.W.3d 832 (Tenn. Crim. App. 2008). “3 2 Interlocking with these rules of constitutional force, Tennessee Code Annotated sections 40-7-118 and 55-10-207(a) provide that when an officer observes the commission of certain misdemeanors, the officer is required to cite and release the misdemeanant in lieu of effecting…”
State v. Jackson, 313 S.W.3d 270 (Tenn. Crim. App. 2008). “§ 55-50-351(a) is a specific statute and that Tenn.Code Ann. § 40-7-118 is a general statute; therefore, the direction of the specific statute should control.”
State of Tennessee v. Malik Hardin (Tenn. Crim. App. 2015).
State of Tennessee v. Lawrence Ralph, Sr. (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 40-7-118(b)(1)(c) — 1 case
State of Tennessee v. Timothy L. Robertson (Tenn. Crim. App. 2001). “The court then found that the defendant was lawfully placed under custodial arrest based on the subsection of the cite and release statute providing for custodial arrest for a misdemeanor offense when “[t]here is a reasonable likelihood that the offense would continue or…”
— Tenn. Code Ann. § 40-7-118(b)(2)(A) — 1 case
State of Tennessee v. Nicholas Larsen (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-7-118(b)(3) — 1 case
State v. Avery Walker (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-7-118(b)(3)(C) — 2 cases
United States v. Coats, 335 F. Supp. 2d 871 (W.D. Tenn. 2004). “See Tenn.Code Ann. § 40-7-118. 1 In his post-hearing memorandum, the defendant argues that the search of his vehicle pursuant to a traffic citation was in violation of the Constitution.”
State v. Pierson (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-7-118(b)(l) — 1 case
State v. Chearis, 995 S.W.2d 641 (Tenn. Crim. App. 1999). “Specifically, Tenn.Code Ann. § 40-7-118(b)(l) provides: “[an] officer who has arrested a person for the commission of a misdemeanor committed in such .”
— Tenn. Code Ann. § 40-7-118(c) — 4 cases
State v. Chearis, 995 S.W.2d 641 (Tenn. Crim. App. 1999). “Specifically, Tenn.Code Ann. § 40-7-118(b)(l) provides: “[an] officer who has arrested a person for the commission of a misdemeanor committed in such .”
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
State v. Jackson, 313 S.W.3d 270 (Tenn. Crim. App. 2008). “§ 55-50-351(a) is a specific statute and that Tenn.Code Ann. § 40-7-118 is a general statute; therefore, the direction of the specific statute should control.”
State of Tennessee v. Jerry Lee Joyner (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 40-7-118(c)(2) — 2 cases
State v. Jackson, 313 S.W.3d 270 (Tenn. Crim. App. 2008). “§ 55-50-351(a) is a specific statute and that Tenn.Code Ann. § 40-7-118 is a general statute; therefore, the direction of the specific statute should control.”
State of Tennessee v. Malik Hardin (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-7-118(c)(3) — 5 cases
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523 (6th Cir. 2007). “, Tenn.Code Ann. § 40-7-118(c)(3). [3] Hence, plaintiffs impliedly allege that the denial of a driver license (a) makes it necessary for a lawful temporary resident alien to carry his or her passport and/or other immigration documents for personal identification purposes; and…”
State v. Avery Walker (Tenn. Crim. App. 2010).
State of Tennessee v. Bobby Daniel Pettie (Tenn. Crim. App. 2015).
State of Tennessee v. Steven O. Hughes-Mabry (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-7-118(c)(7) — 1 case
State of Tennessee v. Earnest Cunningham (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-7-118(f) — 1 case
State of Tennessee v. Lemaricus Devall Davidson (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-7-118(j) — 1 case
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
— Tenn. Code Ann. § 40-7-118(k)(1) — 1 case
Thomsen v. Sullivan Cnty., Tennessee (E.D. Tenn. 2023). “According to TCA § 40-7-118, a peace officer “shall issue a citation” to a person arrested for the commission of a misdemeanor committed in the officer’s presence, unless “[a] reasonable likelihood exists that the arrested person will fail to appear in court.”
— Tenn. Code Ann. § 40-7-118(m) — 1 case
Thomsen v. Sullivan Cnty., Tennessee (E.D. Tenn. 2023). “According to TCA § 40-7-118, a peace officer “shall issue a citation” to a person arrested for the commission of a misdemeanor committed in the officer’s presence, unless “[a] reasonable likelihood exists that the arrested person will fail to appear in court.”
— Tenn. Code Ann. § 40-7-118(m)(3) — 1 case
State v. Walker, 12 S.W.3d 460 (Tenn. 2000). “He asserted that Gault should have issued him a citation in lieu of custodial arrest, a procedure authorized by Tenn. Code Ann. § 40-7-118 (b)(l). Asserting that a custodial arrest was not warranted, Walker insists that the search was unconstitutional.”
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.