§ 12-8-5 - Commitment or discharge of person arrested.
SECTION 12-8-5
§ 12-8-5 Commitment or discharge of personarrested. – If an arrest is made in this state by an officer of another state in accordancewith the provisions of § 12-8-3, he or she shall without unnecessary delaytake the person arrested before the district court for the division in whichthe arrest was made and the court shall conduct a hearing for the purpose ofdetermining the lawfulness of the arrest. If the judge determines that thearrest was lawful, he or she shall commit the person arrested to await for areasonable time the issuance of an extradition warrant by the governor of thisstate. If the judge determines that the arrest was unlawful he shall dischargethe person arrested.