PROCEDURE OF ARREST IN ARIZONA
The procedure of arrest in the state of Arizona has been provided in Arizona Revised Statute in Title No. 13.
An arrest may be made on any day and at any time of the day or night. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.
The arrest may be made by the following persons:
- By a Peace officer
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By Private Person
ARREST BY A PEACE OFFICER
A peace officer may arrest a person with or without a warrant. A peace officer may arrest a person without warrant if he has probable cause to believe:
- A felony has been committed and probable cause to believe the person to be arrested has committed the felony.
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A misdemeanor has been committed in his presence and probable cause to believe the person to be arrested has committed the offense.
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The person to be arrested has been involved in a traffic accident and that such violation occurred prior to or immediately following such traffic accident.
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A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense.
A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.
ARREST BY PRIVATE PERSON
A private person may make an arrest:
- When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
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When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
AUTHORIZATION OF ARREST BY TELEPHONE OR TELEGRAM
Any magistrate may, by an endorsement under his hand upon a warrant of arrest, authorize the service of the warrant by telegraph or telephone, and thereafter a telegraphic or telephonic copy of such warrant may be sent by telegraph or telephone to one or more peace officers.
The copy shall be as effectual in the hands of any officer, and he shall proceed in the same manner under it, as though he held an original warrant issued by the magistrate making the endorsement.
METHOD OF ARREST BY OFFICER WITH WARRANT
When making an arrest with a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest. However the officer need not have to inform or show cause where the offender flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
METHOD OF ARREST BY OFFICER WITHOUT WARRANT
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
RIGHT OF OFFICER TO BREAK INTO BUILDING
An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is refused admittance after he has announced his authority and purpose.
DUTY OF OFFICER AFTER ARRESTING WITH WARRANT
When the arrest with warrant is made by any peace officer such officer shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county.
ARREST WITHOUT WARRANT
A person arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.
DUTY OF PRIVATE PERSON AFTER MAKING ARREST
A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate.
The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested.
However, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.
NOTICE TO APPEAR AND COMPLAINT
At any time after taking a person arrested for an offense that is a misdemeanor or a petty offense to the police station, the arresting officer may, instead of taking such person to a magistrate, release such person from further custody by use of the procedure prescribed in this section.
The arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court, provided:
- The time specified in the notice to appear is at least five days after arrest.
- The court where to appear must be specified in the notice.
- The arrested person, in order to secure release shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.
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The officer shall, as soon as practical, deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.
When a person has given his written promise to appear in court upon a designated date and thereafter fails to appear, personally or by counsel, on or before that date, the magistrate shall file a complaint, in writing, under oath, setting forth the offense of willfully violating a written promise to appear in court and shall issue a warrant of arrest thereon.
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