2020 Tennessee Code
Title 40 - Criminal Procedure
Chapter 7 - Arrest
Part 1 - General Provisions
§ 40-7-109. Arrest by Private Person — Grounds

Universal Citation: TN Code § 40-7-109 (2020)
  1. 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 committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
  2. A private person who makes an arrest of another pursuant to §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.

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

Cross-References. Extension of police authority beyond corporate limits, §6-54-301.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.162.

Law Reviews.

At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power (William D. Mercer), 43 U. Mem. L. Rev. 379 (2012).

Torts (John W. Wade), 6 Vand. L. Rev. 990.

Attorney General Opinions. Statute requiring police officers to provide notice of their authority or grounds for arrest does not apply to security officers; however, a security officer must provide notice of the grounds of an arrest, OAG 03-018 (2/19/03).

A security guard may enter a room to prevent and detect the use of illegal drugs, OAG 03-148 (11/17/03).

Effect of Acts 2014, ch. 531 on arrests by private citizens, security officers; warrant requirements where affiant not a law enforcement officer. OAG 14-93, 2014 Tenn. AG LEXIS 96 (10/24/14).

Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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