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40-6-205.  Issuance Of Warrant.

(a) If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue an arrest warrant. The finding of probable cause shall be based on evidence, which may be hearsay in whole or in part; provided, however, that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished.

(b) In determining whether to issue an arrest warrant pursuant to subsection (a), or a criminal summons pursuant to ง 40-6-215, the following shall apply:

(1) If a single or multiple affiants are seeking a warrant of arrest for a felony or misdemeanor offense, and at least one (1) or more of the affiants is a law enforcement officer, as defined by ง 39-11-106, the magistrate shall issue an arrest warrant unless the law enforcement officer requests a summons be issued instead;

(2) If a single or multiple affiants are seeking a warrant of arrest for a misdemeanor offense, as defined in ง 39-11-110, and none of the affiants is a law enforcement officer, as defined by ง 39-11-106, there is a presumption that the magistrate shall issue a criminal summons. The presumption is overcome if:

(A) The affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons; or

(B) The magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in ง 36-3-601;

(3) If a single or multiple affiants are seeking a warrant of arrest for a felony offense as defined in ง 39-11-110, and none of the affiants is a law enforcement officer, as defined by ง 39-11-106, there is a presumption that the magistrate shall not issue either a criminal summons as provided in ง 40-6-215, or an arrest warrant. This presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in ง 36-3-601.

(c) Notwithstanding this section, if the affiant to an affidavit of complaint for an arrest warrant is the parent or legal guardian of a child who is the victim of alleged criminal conduct, no arrest warrant shall issue to the affiant without the written approval of the district attorney general in the district in which the conduct occurred if:

(1) The person the affiant seeks to have arrested was an employee of a local education agency (LEA) at the time of the alleged offense; and

(2) The affiant alleges that the LEA employee engaged in conduct that harmed the child of the affiant parent or legal guardian and, at the time of the conduct, the LEA employee had supervisory or disciplinary power over the child.

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Local Government
Tennessee
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Bill Haslam
Bill Haslam
January 15, 2011 -
Republican
505 Deaderick Street, Nashville, TN, 37243

Keywords
arrest
warrant
affiant
magistrate
issue
criminal
victim
offense
summons
child