Tennessee § 40-7-101 - Persons by whom arrests made.
Full text of Tennessee Tennessee Code Annotated § 40-7-101 — Persons by whom arrests made., with citation guidance and answers to common questions.
§ 40-7-101. Persons by whom arrests made.
An arrest may be made either by: An officer under a warrant; An officer without a warrant; or A private person. Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801. Cross-References. Authority of a police officer to arrest without a warrant, § 40-7-103 . Child, taking into custody, § 37-1-113 . Coroner's inquest, arrest after, §§ 38-5-115 , 38-5-116 . Exemptions from arrest, national guardsmen, § 58-1-226 . Parole violator, arrest of, § 40-28-121 . Refusal of official to perform duties, § 39-16-402 . Society for prevention of cruelty to animals, authority of agents to make arrests, § 39-14-210 . Warrant, arrest on, title 40, ch. 6, part 2. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.8, 18.153, 18.161. Law Reviews. At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power (William D. Mercer), 43 U. Mem. L. Rev. 379 (2012). The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976). Attorney General Opinions. A law enforcement officer working off-duty retains full arrest powers, OAG 02-002 (1/2/02). Security officers have the same power of arrest as that afforded to private citizens, OAG 03-018 (2/19/03). Licensed security officers may make an arrest as private citizens as authorized under Tennessee law, OAG 03-148 (11/17/03); OAG 03-149 (11/17/03). A search incident to an improper arrest may subject a private person, and possibly his or her employer, to liability, OAG 03-148 (11/17/03).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-7-101
What does Tennessee Code Annotated § 40-7-101 cover?
Section 40-7-101 ("Persons by whom arrests made.") 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 § 40-7-101?
A common citation format is "Tennessee Code Annotated § 40-7-101" (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 § 40-7-101 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.