Tennessee § 40-6-104 - Examination of complainant.

Full text of Tennessee Tennessee Code Annotated § 40-6-104 — Examination of complainant., with citation guidance and answers to common questions.

§ 40-6-104. Examination of complainant.

The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. Code 1932, § 11900; T.C.A. (orig. ed.), § 40-504. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.84. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 27.

Source: official Tennessee text · Last verified 2026-08-27

Frequently Asked Questions About Tennessee § 40-6-104

What does Tennessee Code Annotated § 40-6-104 cover?

Section 40-6-104 ("Examination of complainant.") 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 § 40-6-104?

A common citation format is "Tennessee Code Annotated § 40-6-104" (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 § 40-6-104 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.