Rule 2.7. Pre–Charge Arrest Warrants (a.R.S. § 13–3897(a))

(a) Scope and Applicability This rule applies only to pre-charge arrest warrants. For purposes of these rules, a “pre-charge arrest warrant” means a warrant issued under A.R.S. § 13-3897(A).

(b) Generally If a magistrate makes a probable cause finding under Rule 2.4(c), the magistrate must issue a warrant for the person's arrest.

(c) Affidavit Under A R.S. § 13-3897(A).A person presenting an affidavit under A.R.S. § 13-3897(A) must use Form 2(d) or a substantially equivalent form. The person may sign the affidavit using an electronic signature.

(d) Warrant Form A person requesting a pre-charge arrest warrant must provide a pre-filled Form 2(c) to the magistrate. The person requesting the warrant must complete Form 2(c) to the greatest extent possible.

(e) Electronically Transmitted Warrants

(1) Electronic Requests Upon the court's approval, any forms required to request or issue a pre-charge arrest warrant may be transmitted through a secure internet connection.

(2) Electronic Oaths The court may use an electronic oath for electronically transmitted warrants.

(3) Orders The electronic copy of the warrant with the electronic signature will be considered the original order.

(f) Appearance by Virtual or Telephonic Means A person requesting a pre-charge arrest warrant may appear by virtual or telephonic means if the magistrate permits it.

(g) Pre-Charge Arrest Warrants Issued After Hours If a pre-charge arrest warrant is issued outside normal court hours, the magistrate must transmit the court's copy of documents the next business day to the court in order to comply with Rule 2.7(1).

(h) Alternative to Written Affidavit; Authorization for Magistrate Signature If a peace officer is appearing by telephonic or virtual means and is unable, due to technological capability, to receive a signed pre-charge arrest warrant from the magistrate:

(1) Oral Recital When requesting the warrant, in lieu of a peace officer submitting a written affidavit to the magistrate, if the magistrate permits it, the peace officer may prepare Form 2(d), be sworn under oath, and recite the affidavit to the magistrate verbatim. The recital must be recorded on tape, wire, or other comparable method by the peace officer reciting the affidavit to the magistrate. This recital may be made by telephone, virtual appearance, or other means of electronic communication. Reciting the affidavit to the magistrate meets the requirements for presentation of an affidavit for the purposes of issuing a pre-charge arrest warrant. The recording must be transcribed at the court's or either party's request. Any transcript produced under this provision must be certified by the magistrate and submitted to the court to maintain as provided in Rule 2.7(1).

(2) Authorization to Sign the Magistrate's Name The magistrate may orally authorize a peace officer requesting a pre-charge arrest warrant to sign the magistrate's name on the warrant. A warrant signed using this procedure is deemed an arrest warrant and satisfies the requirements of Rule 3.2(a)(1)(A).

(3) Name to be Signed; Expiration; Victim Indication; Warrant Number The magistrate must inform the peace officer of the exact name the magistrate wants the peace officer to sign on the pre-charge arrest warrant.The peace officer must sign the magistrate's name so that the signature reflects the magistrate's instructions. The magistrate must also inform the peace officer of the expiration date if the warrant expires sooner than 90 days and whether the offense is, or is materially related to, a victims' rights applicable offense. The peace officer must include this information on the warrant as directed by the magistrate and inform the magistrate of the warrant number.

(4) Magistrate's Duties The magistrate must record the exact time of issuance of the pre-charge arrest warrant, the name and date of birth of the person to be arrested, the warrant number, and the expiration date.

(5) Providing the Pre-Charse Arrest Warrant to the Court The peace officer who signs the magistrate's name under Rule 2.7(h)(3) must provide a copy of the affidavit and warrant to the court the next business day. The court must maintain the copy as provided in Rule 2.7(1). The warrant must be returned as provided in Rule 2.7(k).

(i) Release Conditions A person arrested on a pre-charge arrest warrant must not be released on bond or the person's own recognizance without having an initial appearance under Rule 4.2.

(j) Expiration Any warrant a magistrate issues under A.R.S. § 13-3897(A) expires 90 days after it is issued, unless the magistrate orders a shorter expiration.

(k) Return of Warrant A pre-charge arrest warrant must be returned to the issuing court after the warrant is executed, expires, or there is a request to quash the warrant. The return must be made to the issuing court no later than 72 hours after the arrest or expiration. The return must be made in person or by facsimile or electronic means, or in another manner permitted by the court.

(l) Warrant Records The clerk of court, or in the case of a limited jurisdiction court, the court, must maintain records relating to pre-charge arrest warrants, including a copy of the warrant, affidavit, and related documents, and must use a tracking or indexing system in which each warrant is assigned a unique identifier.