Tennessee § 40-6-105 - Issuance of warrant.
Full text of Tennessee Tennessee Code Annotated § 40-6-105 — Issuance of warrant., with citation guidance and answers to common questions.
§ 40-6-105. Issuance of warrant.
The magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, shall issue a search warrant signed by the magistrate, directed to the sheriff, any constable or any peace officer, commanding the sheriff, constable or peace officer immediately to search the person or place named for the property specified, and to bring it before the magistrate. Code 1858, § 5322; Shan., § 7300; mod. Code 1932, § 11901; T.C.A. (orig. ed.), § 40-505. Cross-References. Persons whose compensation is contingent upon issuance or nonissuance are prohibited from issuing a search warrant, an arrest warrant or mittimus, § 40-5-106 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.84. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 27, 28; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 21; 22 Tenn. Juris., Searches and Seizures, § 6. Attorney General Opinions. Magistrate may identify deficiencies in a warrant application or affidavit and inform a requesting officer what is needed to cure such deficiencies without abandoning his or her judicial role as a neutral and detached magistrate. OAG 14-10, 2014 Tenn. AG LEXIS 11 (1/16/14).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-6-105
What does Tennessee Code Annotated § 40-6-105 cover?
Section 40-6-105 ("Issuance of warrant.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-6-105?
A common citation format is "Tennessee Code Annotated § 40-6-105" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-6-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.