ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 7-0-0-0 | 3^rd Read 18-10-0-2 House: JUD DP 7-2-0-0

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SB 1232: issuance; affidavit; arrest warrant

S/E: Same Subject

Sponsor: Senator Payne, LD 27

Caucus & COW

Summary of the Strike-Everything Amendment to SB 1232

Overview

Establishes criteria for the issuance of an arrest warrant.

History

An arrest is made by either restraining a person or that person submitting to custody of the person making the arrest (A.R.S. § 13-3881). While an arrest may be made by a peace officer without a warrant under certain circumstances, separate methods of arrest are required when an arrest warrant is issued (A.R.S. § 13-3883).

Specifically, the peace officer making the arrest pursuant to a warrant must inform the person arrested of both the cause of the arrest and that a warrant has been issued. This requirement is waived if the person flees, if the person forcibly resists or if doing so would imperil the arrest (A.R.S. § 13-3887). Following the arrest, the peace officer has a duty to present the arrested individual to the magistrate who issued the warrant or the nearest and most accessible magistrate in that county (A.R.S. § 13-3897).

Provisions

1. Directs a court to issue an arrest warrant if a magistrate is satisfied by an affidavit sworn before him that probable cause exists that both:

a) a felony offense has been committed; and

b) a particular person committed that felony offense. (Sec. 1)

2. Specifies that the officer making the arrest of a person named in a warrant may bring that person to a magistrate either in the county where the arrest occurs or the county where the offence was committed. (Sec. 1)

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                        SB 1232

Initials NM    Page 0 Caucus & COW

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