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Part 1 - Search Warrants
§ 40-6-101. “Search Warrant” Defined - A search warrant is an order in writing in the...
§ 40-6-102. Grounds for Issuance - A search warrant may be issued on any one (1)...
§ 40-6-103. Probable Cause and Affidavit - A search warrant can only be issued on probable cause,...
§ 40-6-104. Examination of Complainant - The magistrate, before issuing the warrant, shall examine on oath...
§ 40-6-105. Issuance of Warrant - The magistrate, if satisfied of the existence of the grounds...
§ 40-6-106. Form of Warrant - The warrant may be substantially in the following form: State...
§ 40-6-107. Return Date - Code 1858, § 5326; Shan., § 7304; mod. Code 1932,...
Part 2 - Arrest Warrants
§ 40-6-201. “Warrant of Arrest” Defined - A warrant of arrest is an order, in writing, stating...
§ 40-6-202. Power of Magistrates - For the apprehension of persons charged with public offenses, magistrates...
§ 40-6-203. Examination of Affiant - Code 1858, § 5020; Shan., § 6979; Code 1932, §...
§ 40-6-204. Contents of Examination - The written examination shall set forth the facts stated by...
§ 40-6-205. Issuance of Warrant - Code 1858, § 5022; Shan., § 6981; Code 1932, §...
§ 40-6-206. Time of Issuance and Return — Misdemeanor Cases - Any process, warrant, precept or summons authorized to be issued...
§ 40-6-207. Form of Warrant - The warrant of arrest may be substantially as follows: State...
§ 40-6-208. Contents of Warrant - Code 1858, §§ 5026, 5027; Shan., §§ 6985, 6986; Code...
§ 40-6-209. Officer to Whom Directed - The warrant should be directed to any lawful officer of...
§ 40-6-210. Person by Whom Executed. [Amendments Made by Acts 1996, Ch. 753, § 2 Contingent on County Approval. See the Compiler's notes.] - A warrant may be executed by any sheriff, or officer...
§ 40-6-211. Accuseds Outside County — Persons to Whom Warrant Issued — Accused Brought Before Magistrate - When the person accused has fled, or resides out of...
§ 40-6-212. Execution Outside County - When the sheriff, deputy sheriff, coroner or any other officer...
§ 40-6-213. Execution Anywhere in State - The magistrate issuing the warrant may empower any law enforcement...
§ 40-6-214. Authority of Clerks and Deputies of General Sessions Courts - Clerks of courts of general sessions and their duly sworn...
§ 40-6-215. Summons Instead of Arrest Warrant - NOTICE: YOU ARE CHARGED WITH A STATE CRIMINAL OFFENSE. THIS...
§ 40-6-217. Issuance of Arrest Warrant in Lieu of Criminal Summons - Notwithstanding any other provision of this part or § 40-5-102,...
Part 3 - Wiretapping and Electronic Surveillance
§ 40-6-301. Short Title - This part and §§ 39-13-601 — 39-13-603 shall be known...
§ 40-6-303. Definitions - As used in this part and §§ 39-13-601 — 39-13-603,...
§ 40-6-305. Interception of Communications for Evidence of Certain Crimes - A district attorney general may apply to a judge of...
§ 40-6-307. Use of Contents in Evidence - Whenever a wire, oral or electronic communication has been intercepted,...
§ 40-6-309. Application of Law - Notwithstanding any other provision of law to the contrary, this...
§ 40-6-310. Construction of Ambiguous Provisions - Any ambiguity in this part or §§ 39-13-601 — 39-13-603...
§ 40-6-311. Pen Register or Trap and Trace Order - Any circuit or criminal court judge may issue a pen...