Tennessee Statutes
§ 40-7-106 — Notice of authority and grounds for arrest - Telephone call
Tennessee·Title 40
(a)When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape.
(b)No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately.
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Related
Tucker v. Tennessee
539 F.3d 526 (Sixth Circuit, 2008)
Harrill v. Blount County
55 F.3d 1123 (Sixth Circuit, 1995)
Milligan v. United States
644 F. Supp. 2d 1020 (M.D. Tennessee, 2009)
Galbreath v. Board of Professional Responsibility of the Supreme Court of Tennessee
121 S.W.3d 660 (Tennessee Supreme Court, 2003)
Tucker v. State of TN
(Sixth Circuit, 2008)
State of Tennessee v. Kevin Dewitt Ford and Clifford Sylvester Wright
(Court of Criminal Appeals of Tennessee, 2005)
State v. Kestner
(Court of Criminal Appeals of Tennessee, 1998)
State v. Carolyn Pickett
(Court of Criminal Appeals of Tennessee, 1998)
Legislative History
Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806.
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnesses