Tennessee § 40-7-113 - Disposition of person arrested by private person.

§ 40-7-113. Disposition of person arrested by private person.

A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer. An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by a bystander and delivered to the officer, and anyone arrested by a private person as provided in §§ 40-7-109 — 40-7-112, and delivered to the officer. Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821. Cross-References. Examination by magistrate, title 40, ch. 10. Officials designated as magistrates, § 40-1-106 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 18.162. Tennessee Jurisprudence, 13 Tenn. Juris., False Imprisonment, § 2. 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 private person/security guard may transport an arrested individual before the magistrate if a law enforcement official declines to do so, OAG 03-018 (2/19/03). A security guard who arrests an individual may transport that person in a personal or company vehicle, OAG 03-018 (2/19/03). A private citizen or security officer could be liable for any injuries incurred by an arrested person during transport, OAG 03-018 (2/19/03). A law enforcement official has the option to refuse to take a person arrested by a private person/security officer before a magistrate, OAG 03-018 (2/19/03). Security guards issuing criminal summons or citations, OAG 07-002 (1/4/07).