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TCA 40-6-104

Examination of complainant

FELONYFelony

What does this charge mean?

This statute requires a magistrate (a judge) to question a person making a complaint under oath before issuing a search warrant. The magistrate must get written statements (affidavits) from the complainant and any witnesses, signed by those people, that describe facts showing there is "probable cause" (reasonable belief) that a crime has occurred and evidence of it exists in a particular location.

Penalty Details

ClassificationFelony
Penalty SummaryFelony
The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

FELONY
TCA Section40-6-104