Title 13, Criminal Code

A. The sheriff of each county shall develop and adopt a policy on cross-certification of federal peace officers, including whether cross-certification shall be permitted in that county. B. A federal peace officer who is employed by an agency of the United States and who has compl…

A. The sheriff of each county shall develop and adopt a policy on cross-certification of peace officers from adjoining states, including whether to allow cross-certification in that county. B. A peace officer who is employed by a county of an adjoining state and who has completed…

A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater …

An arrest may be made on any day and at any time of the day or night.

A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe: 1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony. 2. A misdemeanor has been committed in the officer's presence …

A private person may make an arrest: 1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony. 2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested h…

A. For the purpose of surrendering the defendant, a surety on the bail bond of a defendant may arrest the defendant before the forfeiture of the undertaking or, by written authority attached to a certified copy of the undertaking, may empower a bail recovery agent or a bail bond …

A. Any magistrate may, by an endorsement under his hand upon a warrant of arrest, authorize the service of the warrant by telegraph or telephone, and thereafter a telegraphic or telephonic copy of such warrant may be sent by telegraph or telephone to one or more peace officers. T…

When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, …

When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an e…

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forc…

A. A person who is arrested for an offense listed in section 41-1750, subsection C shall be fingerprinted in legible form by the arresting authority or the custodial agency. B. The court shall order an arrested person to appear at a designated time and place for fingerprinting on…

An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in section 13-3883, may break open a door or window of any building in which the person to be arrested is or is reasonably beli…

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance after he…

When an officer or private person has entered a building in accordance with the provisions of section 13-3891 or 13-3892, he may break open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself.

A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 13-3891 or 13-3892 and is detained therein.

Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.

A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state. B. To retake the person escaping or rescued the person from whose…

A. If a magistrate is satisfied by an affidavit sworn to or affirmed before the magistrate that probable cause exists that a felony offense has been committed and that a particular person committed the felony offense, the court shall issue a warrant commanding any peace officer t…

A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either…

A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of section 13-3898, or filed with the magistrate under the provisions of section 13-3903 need not be sworn to if they contain a form of certification by the arresting officer in substance as f…

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made or deliver the person arrested to a peace officer, who shall without unnecessary delay take…

Any attorney at law entitled to practice in the courts of this state shall, at the request of the person arrested or of some one acting in his behalf, be permitted, under reasonable regulations, to visit the person arrested.

No peace officer, or other official engaged in administering the criminal law, shall use oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.

A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section. B. At any t…

A. A peace officer who is engaged, within the scope of the officer's authority, in the investigation of a felony may make written application upon oath or affirmation to a magistrate for an order authorizing the temporary detention, for the purpose of obtaining evidence of identi…

A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen, the law enforcement agency…

A. A detention officer who is acting in the officer's official capacity pursuant to an existing warrant may arrest a person who is any of the following: 1. Already incarcerated in a jail facility or who surrenders to a jail facility at which the detention officer is employed. 2. …

A search warrant is an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in section 13-3912.

A search warrant may be issued upon any of the following grounds: 1. When the property to be seized was stolen or embezzled. 2. When the property or things to be seized were used as a means of committing a public offense. 3. When the property or things to be seized are in the pos…

No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.

A. Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavi…

A. If the magistrate is satisfied that probable cause for the issuance of the warrant exists, the magistrate shall issue a search warrant commanding a search by any peace officer of the person or place specified, for the items described. B. On a reasonable showing that an announc…

A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant. B. An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when: …

Upon a showing of good cause therefor, the magistrate may, in his discretion insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime. For the purposes of this sectio…

A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed. Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate. …

A. If an officer takes any property under the warrant, the officer shall give a detailed itemized receipt for the property taken to the person from whom it was taken or in whose possession it was found. If it is not possible to provide the receipt to a person, the officer shall l…

A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence. B. Notw…

A. The officer shall return the warrant to the magistrate and at the same time deliver to the magistrate a written inventory of the property taken. The inventory shall be made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for …

A. If an owner of seized property controverts the grounds on which the warrant was issued, the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. The…

The magistrate shall annex the affidavits, the search warrant and return, and the inventory, and if he does not have jurisdiction to inquire into the offense in respect to which the warrant was issued, he shall at once file the warrant, and return the affidavits and inventory to …

A person who, with intent to harass and without probable cause, causes a search warrant to be issued and executed, is guilty of a class 2 misdemeanor.

A. Any evidence that is seized pursuant to a search warrant shall not be suppressed as a result of a violation of this chapter except as required by the United States Constitution and the constitution of this state. B. If a party in a criminal proceeding seeks to exclude evidence…

When a person charged with felony is believed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct that the accused be searched in his presence, …

A. When property alleged to have been stolen or embezzled comes into the custody of a peace officer or of a magistrate, he shall hold it subject to the order of the magistrate before whom the complaint is laid or who examines the charge against the person accused of stealing or e…

If property stolen or embezzled is not claimed by the owner within six months after the conviction of the person for such theft or embezzlement, the magistrate or other officer having it in custody, on payment of the necessary expenses incurred in its preservation, shall deliver …