Tennessee § 40-7-204 - Examination by magistrate.
Full text of Tennessee Tennessee Code Annotated § 40-7-204 — Examination by magistrate., with citation guidance and answers to common questions.
§ 40-7-204. Examination by magistrate.
If an arrest is made in this state by an officer of another state in accordance with § 40-7-203, the officer shall, without unnecessary delay, take the person arrested before a magistrate who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit the person to bail for that purpose. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested. Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814. Cross-References. Admission to bail, title 40, ch. 11, part 1. Extradition, title 40, ch. 9. Officials designated as magistrates, § 40-1-106 . Secretary of state, § 4-3-2101 et seq. Law Reviews. The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-7-204
What does Tennessee Code Annotated § 40-7-204 cover?
Section 40-7-204 ("Examination by magistrate.") 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 § 40-7-204?
A common citation format is "Tennessee Code Annotated § 40-7-204" (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 § 40-7-204 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.