Tennessee § 40-1-106 - Officials defined as magistrates.
Full text of Tennessee Tennessee Code Annotated § 40-1-106 — Officials defined as magistrates., with citation guidance and answers to common questions.
§ 40-1-106. Officials defined as magistrates.
The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district. Code 1858, § 4943; Shan., § 6904; Code 1932, § 11428; Acts 1973, ch. 48, § 1; 1978, ch. 933, § 2; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-114; Acts 1993, ch. 115, § 3; 1993, ch. 241, § 55; 2003, ch. 90, § 2; 2019, ch. 486, § 14. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Amendments. The 2019 amendment added the second sentence. Effective Dates. Acts 2019, ch. 486, § 15. July 1, 2019. Cross-References. Magistrates defined, §§ 40-5-101 , 40-5-102 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 3.2, 18.81, 18.82. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 19; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 21, 23. Attorney General Opinions. Judicial commissioners acting as magistrates, OAG 97-093 (6/26/97). County judicial commissioners are vested with the authority to make a probable cause determination on a warrantless arrest, OAG 01-038 (3/19/01).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-1-106
What does Tennessee Code Annotated § 40-1-106 cover?
Section 40-1-106 ("Officials defined as magistrates.") 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 § 40-1-106?
A common citation format is "Tennessee Code Annotated § 40-1-106" (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 § 40-1-106 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.