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(a) An officer may, without a warrant, arrest a person:
(1) For a public offense committed or a breach
of the peace threatened in the officer's presence;
(2) When the person has committed a felony, though not in the
officer's presence;
(3) When a felony has in fact been committed, and the officer
has reasonable cause for believing the person arrested has committed
the felony;
(4) On a charge made, upon reasonable cause, of the commission
of a felony by the person arrested;
(5) Who is attempting to commit suicide;
(6) At the scene of a traffic accident who is the driver of a
vehicle involved in the accident when, based on personal investigation,
the officer has probable cause to believe that the person has
committed an offense under the provisions of title 55, chapters
8 and 10. The provisions of this subdivision (a)(6) shall not
apply to traffic accidents in which no personal injury occurs
or property damage is less than one thousand dollars ($1,000),
unless the officer has probable cause to believe that the driver
of the vehicle has committed an offense under § 55-10-401;
(7) Pursuant to § 36-3-619;
(8) Who is the driver of a vehicle involved in a traffic accident
either at the scene of the accident or up to four (4) hours after
the driver has been transported to a health care facility, if
emergency medical treatment for the driver is required and the
officer has probable cause to believe that the driver has violated
§ 55-10-401;
(9) When an officer has probable cause to believe a person has
committed the offense of stalking, as prohibited by § 39-17-315;
or
(10) Who is the driver of a motor vehicle involved in a traffic
accident, who leaves the scene of the accident, who is apprehended
within four (4) hours of the accident, and the officer has probable
cause to believe the driver has violated § 55-10-401.
(b) If a law enforcement officer has probable cause to believe
that a person has violated one (1) or more of the conditions of
release imposed pursuant to § 40-11-150, and verifies that
the alleged violator received notice of the conditions, the officer
shall, without a warrant, arrest the alleged violator regardless
of whether the violation was committed in or outside the presence
of the officer.
(c) Unless a law enforcement officer has probable cause to believe
that an offense has been committed, no officer, except members
of the Tennessee highway patrol acting pursuant to § 4-7-104,
shall have the authority to stop a motor vehicle for the sole
purpose of examining or checking the license of the driver of
the vehicle.
[Code 1858, § 5037; Shan., § 6997; Code 1932, §
11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A.
(orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990,
ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, §
1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch.
296, § 1; 2005, ch. 482, § 2.]
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