Tennessee § 40-7-109 - Arrest by private person — Grounds.
Full text of Tennessee Tennessee Code Annotated § 40-7-109 — Arrest by private person — Grounds., with citation guidance and answers to common questions.
§ 40-7-109. Arrest by private person — Grounds.
A private person may arrest another: For a public offense committed in the arresting person's presence; When the person arrested has committed a felony, although not in the arresting person's presence; or When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony. A private person who makes an arrest of another pursuant to §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest. Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816. Cross-References. Extension of police authority beyond corporate limits, § 6-54-301 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.162. 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). Torts (John W. Wade), 6 Vand. L. Rev. 990. 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). A security guard may enter a room to prevent and detect the use of illegal drugs, OAG 03-148 (11/17/03). Effect of Acts 2014, ch. 531 on arrests by private citizens, security officers; warrant requirements where affiant not a law enforcement officer. OAG 14-93, 2014 Tenn. AG LEXIS 96 (10/24/14).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-7-109
What does Tennessee Code Annotated § 40-7-109 cover?
Section 40-7-109 ("Arrest by private person — Grounds.") 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 § 40-7-109?
A common citation format is "Tennessee Code Annotated § 40-7-109" (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 § 40-7-109 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.