Tenn. Code Ann. § 40-7-204

Examination by magistrate

Applied in 1 court decision — leading case 644 F. Supp. 2d 1020 - Milligan v. United States (2009)

Most recently applied in 644 F. Supp. 2d 1020 - Milligan v. United States (July 2009)

Acts 1939, ch. 146, § 2; C

(1) 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.

(2) 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.

(3) If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.