Magistrate Miller says state obeying law limiting arrests by officer without warrant
Hamilton County’s chief magistrate, Lorrie Miller, says that my analysis of the law limiting arrest powers of police officers without a warrant is novel, and that it is wrong. Her office complies with Tenn. Code Ann. § 40-7-103 when cops arrest people without a warrant because the crime is committed “in the officer’s presence,” she says. But the “officer’s presence” test is one of two that must be met for the warrant requirement to be ignored. The other test is that the crime must be of a specific kind, one called “public offense.” The law itself defines public offense as … Continue reading Magistrate Miller says state obeying law limiting arrests by officer without warrant
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