context: Similarly, a citation issued by an officer in lieu of a custodial arrest is not a "formal accusation." Just as a warrantless custodial arrest does not, alone, commence a prosecution, a citation issued in lieu of an arrest is not the result of an independent probable cause determination and, therefore, does not mark the beginning of the prosecution.
citation_a.signal: see also
citation_a.identifier: 269 S.W.3d 912, 912
citation_a.parenthetical: noting that Rule 5(a) of the Tennessee Rules of Criminal Procedure requires those defendants arrested without a warrant be taken before a magistrate for the lodging of " 'formal' " charges by the filing of the affidavit of complaint and issuance of a warrant
citation_a.sentence: See State v. Best, 614 S.W.2d 791, 795 (Tenn.1981) (holding in the case of a warrantless arrest that without a “followup” determination of probable cause either through the issuance of a warrant or a binding over to the grand jury “the criminal prosecution terminates”); see also Ferrante, 269 S.W.3d at 912 (noting that Rule 5(a) of the Tennessee Rules of Criminal Procedure requires those defendants arrested without a warrant be taken before a magistrate for the lodging of “ ‘formal’ ” charges by the filing of the affidavit of complaint and issuance of a warrant). Indeed, the Advisory Commission Comments to Rule 4 of the Tennessee Rules of Criminal Procedure note clearly that, even in cases of warrantless arrest, the arrest warrant issued upon the affidavit of complaint rather than the affidavit of complaint itself “still serves as the official charging instrument, issued after a judicial finding of probable cause, and gives notice of the charge which must be answered.” Tenn. R.Crim.
citation_b.signal: see
citation_b.identifier: 614 S.W.2d 791, 795
citation_b.parenthetical: holding in the case of a warrantless arrest that without a "followup" determination of probable cause either through the issuance of a warrant or a binding over to the grand jury "the criminal prosecution terminates"
citation_b.sentence: See State v. Best, 614 S.W.2d 791, 795 (Tenn.1981) (holding in the case of a warrantless arrest that without a “followup” determination of probable cause either through the issuance of a warrant or a binding over to the grand jury “the criminal prosecution terminates”); see also Ferrante, 269 S.W.3d at 912 (noting that Rule 5(a) of the Tennessee Rules of Criminal Procedure requires those defendants arrested without a warrant be taken before a magistrate for the lodging of “ ‘formal’ ” charges by the filing of the affidavit of complaint and issuance of a warrant). Indeed, the Advisory Commission Comments to Rule 4 of the Tennessee Rules of Criminal Procedure note clearly that, even in cases of warrantless arrest, the arrest warrant issued upon the affidavit of complaint rather than the affidavit of complaint itself “still serves as the official charging instrument, issued after a judicial finding of probable cause, and gives notice of the charge which must be answered.” Tenn. R.Crim.