ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DP 7-1-0-0 | 3^rd Read 18-12-0-0 House: JUD DP 7-3-0-0

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SB 1226: issuance; affidavit; arrest warrant

Sponsor:  Senator Boyer, LD 20

House Engrossed

Overview

Establishes criteria for the issuance and form 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 had been issued. This requirement is waived if the arrested person flees, forcible resists or 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 magistrate to issue an arrest warrant after reviewing a sworn affidavit from a peace officer if there is probable cause that both:

a) A specific offense has been committed; and

b) A particular person committed that offense. (Sec. 1)

2. Requires an arrest warrant to be in a form substantially similar to one adopted by the Arizona Supreme Court. (Sec. 1)

3. Defines arrest warrant. (Sec. 1)

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7.                   SB 1226

8. Initials LC/AF        Page 0 House Engrossed

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