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9. General principles of warrants
 
  Article 56-Warrants and arrest  
56.1 Warrants and arrest  
  A person may be arrested with warrant and arrested without warrant.  
56.2 Arrest without warrant  
  A law enforcement officer may arrest an offender without a warrant for any offense committed in their presence or within their view, regardless of whether they are on active duty and/or within their jurisdiction. Upon making such an arrest, a law enforcement officer shall immediately be considered as being on duty and a temporary member of that jurisdiction.  
  A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.  
  Any peace officer may arrest, without warrant:  
  (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony  
  (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person  
  (3) persons who the peace officer has probable cause to believe have committed an offense in relation to the breach of a Court Order if the offense is not committed in the presence of the peace officer;  
  (4) persons who the peace officer has probable cause to believe have committed an offense involving family violence;  
  (5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, if the offense is not committed in the presence of the peace officer; or  
  (6) a person who makes a statement to the peace officer that would be admissible against the person and establishes probable cause to believe that the person has committed a felony.  
56.3 Police release without charge  
  Providing the charge upon which an individual has been arrested without warrant is a level 1 type offence, the law enforcement officer may release the individual and drop the charge if:  
  a) detention in a penal facility is unnecessary for the protection of the individual or others; or  
  b) the individual is released to the care of an adult who agrees to assume responsibility for the individual; or  
  c) the individual verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the state/territory on Alcohol and Drug Abuse, and the program admits the individual for treatment.  
56.4 Arrest with warrant  
  A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.  
56.5 Requisites of warrant  
  A warrant issued in the name of a state/territory of Arabian Union shall be sufficient, without regard to form if it has the following requisites:  
  1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.  
  2. It must state that the person is accused of some offense against the laws of the State, naming the offense.  
  3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.  
56.6 Jurisdiction and scope of warrants  
  A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.  
56.7 Transmission of warrants  
  A warrant of arrest may be forwarded by telegraph from any telegraph office to another in this State. If issued by any magistrate named in Article 15.06, the peace officer receiving the same shall execute it without delay. If it be issued by any other magistrate than is named, the peace officer receiving the same shall proceed with it to the nearest magistrate of his county, who shall endorse thereon, in substance, these words:
"Let this warrant be executed in the region of ...........", which endorsement shall be dated and signed officially by the magistrate making the same.		  
56.8 Warrant or complaint under seal  
  No manager of a telegraph office shall receive and forward a warrant or complaint unless the same shall be certified to under the seal of a court of record or by a justice of the peace, with the certificate under seal of the district or county clerk of his county that he is a legally qualified justice of the peace of such county; nor shall it be lawful for any magistrate to endorse a warrant received by telegraph, or issue a warrant upon a complaint received by telegraph, unless all the requirements of the law in relation thereto have been fully complied with.  
56.9 How warrant is executed  
  The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested.  
  Tthe officer or person executing the arrest warrant may as permitted by that article take the person arrested before a magistrate in a county other than the county of arrest.  
56.10 Authority to arrest must be made known  
  In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible.  
  If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours. A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.  
 
 

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