How the Arrest Is Carried Out
A fiduciary arrest warrant is executed the moment the named person is placed under arrest. Unlike some civil processes that have limited hours of service, a fiduciary arrest warrant can be executed at any time. The arresting officer is required to inform the person that a warrant has been issued, with two exceptions: if the person flees or resists before the officer can speak, or if giving the information would endanger the arrest.
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.
A.R.S. § 14-5702(A)The officer does not need to have the physical warrant in hand at the time of arrest. If the arrested person asks to see it afterward, the officer must provide a copy as soon as practicable. The officer may also use reasonable force to enter any building where the named person is or is reasonably believed to be.
Getting Before a Judge Promptly
After arrest, the person must be brought before the judicial officer who issued the warrant as soon as possible. If that judge is unavailable, the nearest superior court judge in the same county will handle the matter. There is a hard deadline: the arrested person must appear before a judge within twenty-four judicial business hours.
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.
A.R.S. § 14-5702(E)If the arrest happens in a different county than where the warrant was issued, the arresting officer notifies the sheriff in the issuing county, who then takes custody and transports the person to the issuing judge. These procedures ensure that even when a fiduciary tries to avoid court oversight, there are clear, enforceable steps to bring them back before the court.