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1994 Tennessee Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagtn0139 and id is 1 raw text is: STATE OF TENNESSEE
OFFICE OF THE
ATTORNEY GENERAL
450 JAMES ROBERTBON PARKWAY
NASHVILLE, TENNESSEE 37248.0488
March 31, 1994
OPINION NO. 94-041

Duty of Sheriffs to Accept Persons
Issuance of a Mittimus

Arrested Prior to the

QWESTION
Is the county jail and/or the sheriff required to
accept or take custody of a person arrested by a city officer
for a state misdemeanor and/or felony before a mittimus is
issued?
OPINION
It is not within a sheriff's authority to refuse to
accept a person to be held prior to the issuance of a mittimus.
ANALYSIS
Under Tenn. Code Ann. S 41-4-101, the sheriff of a
county has the custody and charge of the jail of the county and
of all prisoners committed to the jail--except in cases
otherwise provided by law. Under Tenn. Code Ann. S 41-4-103,
county jails are to be used as a prison for the safekeeping
and confinement of several categories of persons in addition
to convicts sentenced to imprisonment in the county jail.

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