Terms Used In Tennessee Code 40-6-106

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105

The warrant may be substantially in the following form:

State of Tennessee,

County of ______________.

To the sheriff or any constable of the county:

Proof by affidavit having been made before me by A. B., that (stating the particular grounds of the application; or, if the affidavits are not positive, “that there is probable cause for believing that,” stating the particular grounds of the application): You are therefore hereby commanded to make immediate search on the person of C. D. (or “in the house of E. F.,” or “in the house situated,” describing it, or any other place to be searched, with reasonable particularity, as the case may be), for the following property (describing it with reasonable particularity); and if you find the same, or any part thereof, to bring it forthwith before me at (stating the place).

This ____________________ day of ____________________, 20____________________. L. M., Magistrate