Legal Arrest Order

LEGAL ARREST ORDER

Court:    Case No.:    Date of Order:

State/Prosecuting Authority:    Defendant Name:

Defendant Date of Birth:    Physical Description/Aliases:

Recitals

WHEREAS, the prosecuting authority has presented sworn information and/or an affidavit establishing probable cause to believe that the defendant named above has committed one or more criminal offenses described herein; and

WHEREAS, a judicial officer has reviewed the statements, testimony, and evidence, and has determined that there is probable cause to issue an order for the defendant's arrest to secure appearance and preserve public safety; and

WHEREAS, the issuance of this order is necessary to effect lawful apprehension and to ensure the defendant's prompt return to this court;

NOW, THEREFORE

Based upon the foregoing recitals and the record before the judicial officer, IT IS ORDERED as follows:

1. Authority to Apprehend

The law enforcement officers of the jurisdiction named below are authorized and commanded to arrest the person identified as the defendant and to bring the defendant promptly before this court or to such magistrate as may be designated for initial appearance. This order constitutes probable cause and lawful authorization for the arrest.

Arresting Agency:    Officer/Badge No.:

2. Charges and Particulars

3. Probable Cause Findings

The judicial officer finds, based upon the sworn affidavit and evidence presented, that there is probable cause to believe that the defendant committed the offense(s) described above. The factual basis for this finding is summarized as follows:

4. Bail and Conditions of Release

Bail Amount:    Security Type:

Conditions of Release:

No Bail/Detain Without Bail:   If checked, the defendant shall be held without bail pending further proceedings.

5. Execution and Use of Force

Law enforcement executing this order is authorized to enter premises where the defendant is reasonably believed to be, to employ such force as is reasonably necessary under applicable law and departmental policy, and to detain the defendant. Use of lethal force is not authorized except in circumstances where deadly force would be lawful independent of this order.

6. Search and Seizure Incident to Arrest

Any search incident to a lawful arrest shall be conducted in accordance with constitutional requirements. This order does not by itself authorize searches beyond those reasonably incident to effecting arrest, except where separate lawful authority exists.

7. Medical and Custodial Needs

If the defendant requires urgent medical attention, arresting officers shall arrange for necessary medical care prior to or concurrent with transport to detention facilities. The agency receiving custody shall record all injuries and provide for necessary treatment.

8. Notice to Counsel and Next of Kin

Upon arrest, the defendant shall be advised of the right to counsel. The arresting officer shall make reasonable efforts to notify defense counsel if counsel is known, and to provide notice to next of kin as required by law or departmental policy.

9. Return, Filing, and Service

The officer executing this order shall make return to the issuing court, noting the time, place, and manner of execution, and shall file the return with the clerk within the time required by law. A copy of this order shall be served on the defendant at the time of arrest and a copy lodged with the court file.

10. Duration and Expiration

This order remains in effect until the defendant is lawfully produced before the issuing court, or until further order of the court. If this order is executed outside the issuing court's territorial limits, the executing agency shall comply with any applicable interstate or extradition procedures.

Notices

All notices, filings, and returns required by this order shall be delivered to the court clerk at the address below:

Amendments; Waiver; Counterparts

This order may be amended or supplemented only by further order of the issuing judicial officer. No waiver of any provision of this order shall be effective except by express written order of the court. This order may be executed in counterparts and when so executed shall constitute one instrument.

Governing Law; Entire Order; Severability

This order is issued pursuant to and governed by the laws of the jurisdiction of the issuing court. This document constitutes the entire arrest order concerning the matters addressed herein and supersedes any prior oral authorizations related to the arrest. If any provision of this order is held invalid, the remainder shall remain in full force and effect.

Certification of Issuance

The undersigned judicial officer certifies that the information and findings set forth above were considered and that this order is issued upon probable cause and pursuant to law.

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