Tennessee § 40-6-210 - Person by whom executed. [Amendments made by Acts 1996, ch. 753, § 2 contingent on county approval. See the Compiler's Notes.]

§ 40-6-210. Person by whom executed. [Amendments made by Acts 1996, ch. 753, § 2 contingent on county approval. See the Compiler's Notes.]

A warrant may be executed by any sheriff, or officer acting as sheriff, or the sheriff's deputy, or marshal, or police officer of any city or town, acting within the sheriff's county, or by any person otherwise authorized by law. The reference to “sheriff” or “deputy sheriff” in this section also includes constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 100,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties. Code 1858, § 5028; Shan., § 6987; Code 1932, § 11526; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, § 1; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 3; 1982, ch. 881, § 1; T.C.A. (orig. ed.), § 40-711; Acts 1991, ch. 9, § 4; 1992, ch. 973, § 3; Private Acts 1994, ch. 191 § 2; Acts 1996, ch. 753, § 2. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 1996, ch. 753, § 6 abolished the office of constable, effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400) according to the 1990 federal census or any subsequent federal census, upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. Acts 1996, ch. 753, § 7 provided that the provisions of the act apply to and shall become effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. Acts 1996, ch. 753, § 2, which amended this section, provided that, in accordance with Acts 1996, ch. 753, § 7, upon adoption of a resolution by the county legislative body of any county to which this act applies, § 40-6-210 , is amended by deleting the figure “24,300” under the heading “nor more than” and by substituting instead the figure “24,255”; by deleting the figure “28,500” under the heading “not less than” and by substituting instead the figure “28,555”; by deleting the figure “33,000” under the heading “nor more than” and by substituting instead the figure “31,250”; and by adding a new population category by inserting the figure “31,260” under the heading “not less than” and the figure “33,000” under the heading “nor more than.” The section as set out above reflects the amendment by ch. 753. Cross-References. Counties in which office of constable has been abolished, § 8-10-101 . Refusal to perform duty, § 39-16-402 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.21, 18.153. Attorney General Opinions. Municipal police officers' authority to execute state arrest warrants, OAG 98-0153 (8/17/98). Extent of municipal police authority beyond municipal limits. OAG 10-48, 2010 Tenn. AG LEXIS 48 (4/12/10).