14-5702
|
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. |