Tennessee Code Annotated

Tenn. Code Ann. § 40-7-204 (2026)

Examination by magistrate

✓ current as of May 2026

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(a) If an arrest is made in this state by an officer of another state in accordance with § 40-7-203, the officer shall, without unnecessary delay, take the person arrested before a magistrate who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.

(b) If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit the person to bail for that purpose.

(c) If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009).

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Milligan v. United States, 644 F. Supp. 2d 1020 (M.D. Tenn. 2009). · cites it 4× “Milligan before a magistrate to determine the lawfulness of her arrest in violation of Tenn. Code Ann. § 40-7-204 , and engaged in the unauthorized exercise of official power and an unlawful arrest in violation of Tenn.”

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