14-5702. Time and manner of execution;
information
A. A fiduciary arrest warrant is executed by the arrest of the person named in the
warrant. The fiduciary arrest warrant may be executed at any time.
B. When making an arrest pursuant to a fiduciary arrest warrant the arresting
officer shall inform the person named in the warrant that the arresting officer has a
fiduciary arrest warrant unless:
1. The named person flees or forcibly resists before the arresting officer has an
opportunity to inform the named person.
2. Providing this information will imperil the arrest.
C. To execute a fiduciary arrest warrant, the arresting officer may use reasonable
force to enter any building in which the person named in the warrant is or is reasonably
believed to be.
D. The arresting officer does not need to possess the fiduciary arrest warrant at
the time of the arrest. If after the arrest the arrested person requests to see the
fiduciary arrest warrant the arresting officer shall show the arrested person a copy of
the warrant as soon as practicable.
E. The arrested person shall be brought before the issuing judicial officer as soon
as possible or, if that judicial officer is absent or unable to act, before the nearest
or most accessible judicial officer of the superior court in the same county. The
arrested person shall be brought before a judicial officer of the superior court in the
issuing county or the county of arrest within twenty-four judicial business hours after
the execution of the warrant. If the arrested person is arrested in a county other than
the county in which the fiduciary arrest warrant was issued, the arresting officer shall
notify the sheriff in the county of issue who shall take custody of and transport the
arrested person to the issuing judicial officer as soon as possible.
|