How the Arrest Is Carried Out
A fiduciary arrest warrant takes effect the moment the person is placed under arrest. Unlike some civil processes, this type of warrant can be carried out at any time of day.
The officer must tell the arrested person about the warrant. There are two exceptions. The first is if the person flees or resists before the officer can speak. The second is if giving the information would put the arrest at risk.
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 the physical warrant in hand at the time of arrest. If the arrested person asks to see it, the officer must provide a copy as soon as possible.
The officer may also use reasonable force to enter any building where the named person is believed to be.
Getting Before a Judge Promptly
After arrest, the person must go before the judge who issued the warrant as soon as possible. If that judge is absent, the nearest judge in the same county handles the matter.
There is a firm deadline. The arrested person must appear before a judge within twenty-four 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, the officer notifies the sheriff in the issuing county. That sheriff then takes custody and transports the person to the issuing judge.
As a result, even when a fiduciary tries to avoid the court, clear steps exist to bring them back before a judge.