Legal Question in Criminal Law in Tennessee

i was arrested by a detective from gallatin tn....in mcminnville tn....3 counties away....no mc minnville police no county police...i wasnt taken to any jail processed or anything ...i was cuffed and taken to gallitan tn then read my rights there.......was this legal or was i kidnapped basically


Asked on 11/08/11, 10:04 pm

1 Answer from Attorneys

If there was a warrant properly sworn against you in Gallatin (Sumner County), you can be arrested on that warrant by any peace officer regardless of the jurisdiction, Memphis could arrest you on a Knoxville warrant. Then you must be transported to the jurisdiction where the warrant was issued for an appearance before a judge or magistrate.

If there is no warrant outstanding, the officer must have "probably cause" to believe a felony was committed and you committed it. Then he may arrest you, but again he must take you before a magistrate or judge. You cannot be lawfully arrested on a misdemeanor offense anywhere unless there is a warrant or the misdemeanor was committed in the officer's presence.

Your story stops after being transported to Gallatin (Sumner County). What happened there?

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Answered on 11/09/11, 8:20 am


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