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A.R.S. § 14-5702

Executing a Fiduciary Arrest Warrant in Arizona

Verified April 4, 202657th Legislature, 1st Regular Session

Once a court issues a fiduciary arrest warrant, officers can carry it out at any time. The officer must tell the arrested person about the warrant. They may use reasonable force to enter buildings. The arrested person must see a judge within twenty-four business hours.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

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.

14-5702. Time and manner of execution; information A. 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. B. When making an arrest pursuant to a fiduciary arrest warrant the arresting officer shall inform the person named in the warrant that the arresting officer has a fiduciary arrest warrant unless: 1. The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person. 2. Providing this information will imperil the arrest. C. To execute a fiduciary arrest warrant, the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be. D. The arresting officer does not need to possess the fiduciary arrest warrant at the time of the arrest. If after the arrest the arrested person requests to see the fiduciary arrest warrant the arresting officer shall show the arrested person a copy of the warrant as soon as practicable. E. The arrested person shall be brought before the issuing judicial officer as soon as possible or, if that judicial officer is absent or unable to act, before the nearest or most accessible judicial officer of the superior court in the same county. 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. If the arrested person is arrested in a county other than the county in which the fiduciary arrest warrant was issued, the arresting officer shall notify the sheriff in the county of issue who shall take custody of and transport the arrested person to the issuing judicial officer as soon as possible.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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