# Tenn. Code Ann. § 40-33-104: Replevin prohibited - Duty of seizing authority

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-104

## Section

- **Citation:** Tenn. Code Ann. § 40-33-104
- **Heading:** Replevin prohibited - Duty of seizing authority
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 40 / Chapter 33 / Section 40-33-104

## Text

(a) A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court. (b) When a conveyance is seized under this part, the seizing authority may: (1) Place the conveyance under seal; (2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or (3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law. Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007 , ch. 106, § 2; 2010 , ch. 1040, § 2.
(a) A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court.
(b) When a conveyance is seized under this part, the seizing authority may: (1) Place the conveyance under seal; (2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or (3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
(1) Place the conveyance under seal;
(2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or
(3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007 , ch. 106, § 2; 2010 , ch. 1040, § 2.

## Nearby sections

- [Tenn. Code Ann. § 40-33-101 Conveyances subject to forfeiture](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-101.md)
- [Tenn. Code Ann. § 40-33-102 Seizure authorized](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-102.md)
- [Tenn. Code Ann. § 40-33-103 Commencement of action for determination of forfeiture](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-103.md)
- [Tenn. Code Ann. § 40-33-104 Replevin prohibited - Duty of seizing authority](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-104.md)
- [Tenn. Code Ann. § 40-33-105 Removal of forfeited conveyance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-105.md)
- [Tenn. Code Ann. § 40-33-106 Jurisdiction over disposition of conveyance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-106.md)
- [Tenn. Code Ann. § 40-33-107 Procedure for determination of forfeiture](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-107.md)
- [Tenn. Code Ann. § 40-33-108 Claim of interest in conveyance subject to forfeiture - Possession - Bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-108.md)
- [Tenn. Code Ann. § 40-33-109 Claim not filed - Disposition of conveyance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-109.md)
- [Tenn. Code Ann. § 40-33-110 Disposition of forfeited conveyance or proceeds of sale of forfeited conveyance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-110.md)
- [Tenn. Code Ann. § 40-33-111 Lien for fees of attorney for accused](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-111.md)
- [Tenn. Code Ann. § 40-33-201 Application](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-201.md)
- [Tenn. Code Ann. § 40-33-202 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-202.md)
- [Tenn. Code Ann. § 40-33-203 Seizure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-203.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C33_S40-33-104. Check the current official text before relying on it. Not legal advice.