Tennessee Statutes
§ 40-7-204 — Examination by magistrate
Tennessee·Title 40
(a)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.
(b)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.
(c)If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
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Related
Milligan v. United States
644 F. Supp. 2d 1020 (M.D. Tennessee, 2009)
Legislative History
Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814.
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