Tennessee § 40-7-103 - Grounds for arrest by officer without warrant.

§ 40-7-103. Grounds for arrest by officer without warrant.

An officer may, without a warrant, arrest a person: For a public offense committed or a breach of the peace threatened in the officer's presence; When the person has committed a felony, though not in the officer's presence; When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony; On a charge made, upon reasonable cause, of the commission of a felony by the person arrested; Who is attempting to commit suicide; At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under title 55, chapters 8 and 10. This subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401; Pursuant to § 36-3-619; Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401; When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315; Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401; or Pursuant to § 55-10-119. If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to § 40-11-150, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer. Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104, shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle. Code 1858, § 5037; Shan., § 6997; Code 1932, § 11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A. (orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990, ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, § 1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch. 296, § 1; 2005, ch. 482, § 2; 2012, ch. 737, § 2. Compiler's Notes. Acts 2012, ch. 737, § 5 provided that the act, which added subdivision (a)(11), shall be known and may be cited as the “Ricky Otts Act.” Acts 2012, ch. 737, § 6 provided that the act, which added subdivision (a)(11), shall apply to prohibited conduct occurring on or after July 1, 2012. Cross-References. Arrest for felony committed in another state, § 40-9-104 . Citation in lieu of arrest, Tenn. R. Crim. P. 3.5, § 40-7-118 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.8, 18.154, 18.155, 18.156, 18.157, 18.182. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-12-6. Tennessee Jurisprudence, 10 Tenn. Juris., Arrest, §§ 4, 5; 13 Tenn. Juris., False Imprisonment, § 4. Law Reviews. Criminal Procedure — State v. Williams: Pretextual Vehicle Stops and the Fourth Amendment, 23 Mem. St. U.L. Rev. 421 (1993). Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). The Troubling Influence of Equality in Constitutional Criminal Procedure: From Brown to Miranda, Furman and Beyond, 54 Vand. L. Rev. 359 (2001). Torts — Hurd v. Woolfork: The Public Duty Doctrine in Tennessee, 28 U. Mem. L. Rev. 1279 (1998). Attorney General Opinions. Authority of law enforcement officers to make misdemeanor arrests, OAG 00-048 (3/16/00). A law enforcement officer, having observed the commission of a felony, may choose not to arrest or charge the offending party, except when the officer has probable cause to believe that a suspect has violated an order of protection, OAG 01-119 (7/27/01). Constitutionality of proposed amendment that would permit an officer to make arrest “for a misdemeanor, if the officer has probable cause and the person accused does not offer satisfactory evidence of identification,” OAG 03-052 (4/24/03). Police officer who receives specific information about unlawful conduct from another officer can make a warrantless arrest and issue a citation to a misdemeanant even though the misdemeanor was not committed in the presence of the arresting officer, OAG 08-181 (12/1/08).