Rules of Criminal Procedure Rule 7 Arrest with a Warrant

Question 1

Rule 7.1. Arrest with a Warrant: Basis for Issuance of Arrest Warrant.

(a) A judicial officer may issue an arrest warrant for a person who has failed to appear in response to a

Answer 1

summons or citation.

Question 2

Rule 7.1. Arrest with a Warrant: Basis for Issuance of Arrest Warrant.

(b) In addition, a judicial officer may issue a warrant for the arrest of a person if, from affidavit, recorded testimony, or other documented information, it appears there is ___________ to believe an offense has been committed and the person committed it.

Answer 2

reasonable cause

Question 3

Rule 7.1. Arrest with a Warrant: Basis for Issuance of Arrest Warrant.

A judicial officer may issue a summons in lieu of an arrest warrant as provided in Rule 6.1. An affidavit or other documented information in support of an arrest warrant may be transmitted to the issuing judicial officer by facsimile or by other electronic means. Recorded testimony in support of an arrest warrant may be received by ____________ or ________ means provided the issuing judicial officer first administers an oath by ___________ or ____________ means to the person testifying in support of the issuance of the warrant.

Answer 3

telephone or other electronic
telephone or other electronic

Question 4

Rule 7.1. Arrest with a Warrant: Basis for Issuance of Arrest Warrant.

(c) A judicial officer who has determined that an arrest warrant should be issued may authorize

Answer 4

the clerk of the court or his deputy to issue the warrant.

Question 5

Rule 7.2. Form of Warrant.
(a) Every arrest warrant shall:

Answer 5

(i) be in writing and in the name of the state;

(ii) be directed to all law enforcement officers in the state;

(iii) be signed by the issuing official with the title of his office and the date of issuance;

(iv) specify the name of the accused or, if his name is unknown, any name or description by which he can be identified with reasonable certainty;

(v) have attached a copy of the information, if filed, or, if not filed, a copy of any affidavit supporting issuance; and

(vi) command that the accused be arrested and that unless he complies with the terms of release specified in the warrant he be brought before a judicial officer without unnecessary delay.

Question 6

Rule 7.2. Form of Warrant. (b) The warrant may specify the manner in which it is to be _________, and may specify terms of ________and ___________________.

Answer 6

executed / release / requirements for appearance

Question 7

Rule 7.3. Return of Warrant And Summons; Execution After Return.
(a) The law enforcement officer executing a warrant shall

Answer 7

make return thereof to the court before which the accused is brought, and notice thereof shall be given to the prosecuting attorney.

Question 8

Rule 7.3. Return of Warrant And Summons; Execution After Return.
(b) On or before the date for appearance the officer to whom a summons was delivered for service shall

Answer 8

make return thereof to the judicial officer before whom the summons is returnable.

Question 9

Rule 7.3. Return of Warrant And Summons; Execution After Return.
(c) At any time while a complaint, information or indictment is pending, the issuing official may deliver a warrant returned __________, or a summons returned unserved, or a duplicate of either to a law enforcement officer or other authorized person for execution or service.

Answer 9

unexecuted and not cancelled,

Question 10

Rule 7.3. Return of Warrant And Summons; Execution After Return.