Tennessee § 40-7-102 - Offense in presence of magistrate.
Full text of Tennessee Tennessee Code Annotated § 40-7-102 — Offense in presence of magistrate., with citation guidance and answers to common questions.
§ 40-7-102. Offense in presence of magistrate.
When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest. Code 1858, § 5036; Shan., § 6996; Code 1932, § 11535; T.C.A. (orig. ed.), § 40-802. Cross-References. Officials designated as magistrates, § 40-1-106 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.8, 18.153. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 23. Law Reviews. The Tennessee Court System — Municipal Courts, 8 Mem. St. U.L. Rev. 431.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-7-102
What does Tennessee Code Annotated § 40-7-102 cover?
Section 40-7-102 ("Offense in presence of magistrate.") 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 § 40-7-102?
A common citation format is "Tennessee Code Annotated § 40-7-102" (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 § 40-7-102 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.