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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
issuance; affidavit; arrest warrant
Purpose
Requires a magistrate to issue an arrest warrant after determining that an affidavit sworn to or affirmed before the magistrate contains sufficient facts establishing probable cause that a specific felony offense has been committed and that a particular person committed that offense.
Background
A warrant commands the arrest of a defendant by a peace officer for the purpose of bringing a defendant before a magistrate. If a magistrate makes a finding of probable cause, the court must promptly issue a warrant or summons (16A A.R.S. Rules Crim. Proc., Rule 3.1).
When making an arrest by virtue of a warrant, an officer is required to inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for the person's arrest, except when the person flees or forcibly resists before the officer has an opportunity to inform that person or if the receipt of such information will imperil the arrest. The officer does not need to have the warrant in the officer's possession at the time of the arrest (A.R.S. § 13-3887). Upon making the arrest the officer must, without unnecessary delay, take the person arrested before the magistrate who issued the warrant or, if that magistrate is unavailable, to the nearest or most accessible magistrate in the same county (A.R.S. § 13-3897).
A person arrested without a warrant must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest occurred. A complaint must be made before the magistrate setting forth the facts, and the basis for the statement of the facts, showing the offense for which the person was arrested (A.R.S. § 13-3898).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a magistrate to issue an arrest warrant after reviewing an affidavit that:
a) is sworn to or affirmed by a peace officer before the magistrate; and
b) contains facts sufficient to establish probable cause that a specific felony offense has been committed and that a particular person committed that felony offense.
2. Requires the arrest warrant to be in a form substantially similar to a form that is adopted by the Arizona Supreme Court
3. Defines an arrest warrant as a written order issued in the name of the State of Arizona that:
a) is signed by a magistrate;
b) is directed to a peace officer; and
c) commands a peace officer to arrest the person named in the warrant and take that person before a magistrate as prescribed by the Arizona Rules of Criminal Procedure.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2025
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