Wiretapping and Electronic Surveillance Act
Tennessee · Criminal Procedure · §§ 40-6-101 to 40-6-311 · 38 sections
Overview
The act governs law enforcement interception of wire, oral, and electronic communications, setting the conditions under which such surveillance may lawfully be conducted and the purposes it may serve. Interception generally requires a court order obtained on application and supported by specified findings, is confined to investigations of enumerated offenses, and is bounded by a fixed period of authorization together with requirements for recording and preserving what is intercepted. The act further restricts disclosure of intercepted communications and their use as evidence, provides a mechanism for suppression, mandates periodic reporting on surveillance activity, and separately addresses orders for pen registers and trap and trace devices.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 62 court decisions.
Most-cited authority: 978 SW2D 861 - State v. Keith
Sections covered
- Tenn. Code Ann. § 40-6-101“Search warrant” defined6 cites
- Tenn. Code Ann. § 40-6-102Grounds for issuance1 cite
- Tenn. Code Ann. § 40-6-103Probable cause and affidavit9 cites
- Tenn. Code Ann. § 40-6-104Examination of complainant5 cites
- Tenn. Code Ann. § 40-6-105Issuance of warrant1 cite
- Tenn. Code Ann. § 40-6-106Form of warrant1 cite
- Tenn. Code Ann. § 40-6-107Return date2 cites
- Tenn. Code Ann. § 40-6-108Exclusionary Rule Reform Act4 cites
- Tenn. Code Ann. § 40-6-109[Expired.]
- Tenn. Code Ann. § 40-6-110Searches of cellular telephones and cellular telephone data
- Tenn. Code Ann. § 40-6-201“Warrant of arrest” defined2 cites
- Tenn. Code Ann. § 40-6-202Power of magistrates
- Tenn. Code Ann. § 40-6-203Examination of affiant3 cites
- Tenn. Code Ann. § 40-6-204Contents of examination
- Tenn. Code Ann. § 40-6-205Issuance of warrant6 cites
- Tenn. Code Ann. § 40-6-206Time of issuance and return — Misdemeanor cases1 cite
- Tenn. Code Ann. § 40-6-207Form of warrant
- Tenn. Code Ann. § 40-6-208Contents of warrant3 cites
- Tenn. Code Ann. § 40-6-209Officer to whom directed
- Tenn. Code Ann. § 40-6-210Person by whom executed. [Amendments made by Acts 1996, ch. 753, § 2 contingent on county approval. See the Compiler's Notes.]
- Tenn. Code Ann. § 40-6-211Accuseds outside county — Persons to whom warrant issued — Accused brought before magistrate
- Tenn. Code Ann. § 40-6-212Execution outside county
- Tenn. Code Ann. § 40-6-213Execution anywhere in state
- Tenn. Code Ann. § 40-6-214Authority of clerks and deputies of general sessions courts
- Tenn. Code Ann. § 40-6-215Summons instead of arrest warrant
- Tenn. Code Ann. § 40-6-216Copies of warrants
- Tenn. Code Ann. § 40-6-217Issuance of arrest warrant in lieu of criminal summons
- Tenn. Code Ann. § 40-6-301Short title3 cites
- Tenn. Code Ann. § 40-6-302Legislative purpose2 cites
- Tenn. Code Ann. § 40-6-303Definitions3 cites
- Tenn. Code Ann. § 40-6-304Order for electronic surveillance — Application — Required findings — Expiration of order — Recordings — Evidence — Motions to suppress5 cites
- Tenn. Code Ann. § 40-6-305Interception of communications for evidence of certain crimes2 cites
- Tenn. Code Ann. § 40-6-306Disclosure of communications to law enforcement officers1 cite
- Tenn. Code Ann. § 40-6-307Use of contents in evidence
- Tenn. Code Ann. § 40-6-308Reports2 cites
- Tenn. Code Ann. § 40-6-309Application of law
- Tenn. Code Ann. § 40-6-310Construction of ambiguous provisions
- Tenn. Code Ann. § 40-6-311Pen register or trap and trace order
Enacted in other states
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