Tennessee § 40-7-106 - Notice of authority and grounds for arrest — Telephone call.
Full text of Tennessee Tennessee Code Annotated § 40-7-106 — Notice of authority and grounds for arrest — Telephone call., with citation guidance and answers to common questions.
§ 40-7-106. Notice of authority and grounds for arrest — Telephone call.
When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape. No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately. Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 3.11, 18.169. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 33. Law Reviews. Criminal Law in Tennessee in 1968 — A Critical Survey (Joseph G. Cook), 36 Tenn. L. Rev. 221. Attorney General Opinions. Statute requiring police officers to provide notice of their authority or grounds for arrest does not apply to security officers; however, a security officer must provide notice of the grounds of an arrest, OAG 03-018 (2/19/03).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-7-106
What does Tennessee Code Annotated § 40-7-106 cover?
Section 40-7-106 ("Notice of authority and grounds for arrest — Telephone call.") 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 § 40-7-106?
A common citation format is "Tennessee Code Annotated § 40-7-106" (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 § 40-7-106 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.