2020 Tennessee Code
Title 40 - Criminal Procedure
Chapter 5 - Magistrates and Judicial Commissioners
Part 1 - Examination Before Magistrates
§ 40-5-102. Officials Who Are Magistrates

Universal Citation: TN Code § 40-5-102 (2020)

The following are magistrates within the meaning of this part:

  1. The judges of the supreme court;
  2. The judges of the circuit and criminal courts;
  3. Judicial commissioners;
  4. Judges of the courts of general sessions;
  5. City judges in cities and towns; and
  6. Judges of juvenile courts.

Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; Acts 1978, ch. 933, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-603; Acts 1993, ch. 115, § 5; 1993, ch. 241, § 65.

Cross-References. Officials designated as magistrates, §40-1-106.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.6, 3.2.

Attorney General Opinions. Judicial commissioners acting as magistrates, OAG 97-093 (6/26/97).

County judicial commissioners are vested with the authority to make a probable cause determination on a warrantless arrest, OAG 01-038 (3/19/01).

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