Title 22, Title 22 — Criminal Procedure

All warrants, except those issued for violation of city ordinances, may be served in any county in the state; and may be served by any peace officer to whom they may be directed or delivered. R.L.1910, § 5633.

of closed circuit television. If the offense charged in the warrant be a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrants or some other magistrate in the county or the image of the defendant may be broadcast by closed cir…

another county. If the offense charged in the warrant be a misdemeanor and the defendant comes in contact with a law enforcement officer in another county, the law enforcement officer may: 1. Issue a verbal warning about the existence of the warrant and further advise the defenda…

On taking bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and underta…

If, on the admission of the defendant to bail, bail be not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or some other magistrate in the same county, as provided in the next section. R.L.1910, § 5637.

OS 22-18v1 (SB 2038, Laws 2024, c. 452, § 12). OS 22-18v2 (SB 1770, Laws 2024, c. 259, § 1).

When, by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer mus…

The defendant must, in all cases, be taken before the magistrate without unnecessary delay. R.L.1910, § 5639.

than one issuing warrant. If the defendant be taken before a magistrate other than the one who issued the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or if it cannot be procured, a new complaint must be filed. R.L.1910, § 5640. R.L.191…

arrest. When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the state, but showing that the defendant is in the county where the complaint is made, the same proceedings must be had as prescribed in this chapter, except t…

before magistrate. The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warra…

charges. If the offense charged in the warrant issued is a misdemeanor, the law enforcement officer may: 1. Issue a verbal warning about the existence of the warrant and further advise the defendant to contact the clerk of the court for the purpose of resolving the outstanding wa…

Arrest is the taking of a person into custody, that he may be held to answer for a public offense. R.L.1910, § 5644. R.L.1910, § 5644. R.L.1910, § 5644.

An arrest may be either: 1. By a peace officer, under warrant, 2. By a peace officer without a warrant; or, 3. By a private person. R.L.1910, § 5645.

Every person must aid an officer in the execution of a warrant, if the officer require his aid. R.L.1910, § 5646.

If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest may be made only during the hours of six o'clock a.m. to ten o'clock p.m., inclusive, except as otherwise may be directed by the magistra…

The following statutory forms of Petition to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19, as authorized by Section 1 of this act, may be utilized for persons seeking an expungement of recor…

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories: 1. The person has been acquitted; 2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appella…

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories: 1. The person has been acquitted; 2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appella…

A. Any person qualified under Section 18 of this title may petition the district court of the district in which the arrest information pertaining to the person is located for the sealing of all or any part of the record, except basic identification information. B. The process for…

An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer. R.L.1910, § 5648.

nonbailable offense. The person, when arrested without warrant for an offense not bailable, shall be held in custody by the sheriff of the county in which the arrest was made. If the sheriff has contracted for the custody of prisoners in the county, the contractor shall be requir…

The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention. R.L.1910, § 5649.

The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant within a reasonable time under the circumstances, if requested. Amended by Laws 1983, c. 294, § 2, eff. Nov. 1, 1983.

If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest. R.L.1910, § 5651.

The officer may break open an outer or inner door or window of a dwelling house, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance. R.L.1910, § 5652.

another arrester. An officer may break open an outer or inner door or window of a dwelling house for the purposes of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation. R.L.1910, § 5653. R.L.1…

A peace officer may, without a warrant, arrest a person: 1. For a public offense, committed or attempted in the officer's presence; 2. When the person arrested has committed a felony, although not in the officer's presence; 3. When a felony has in fact been committed, and the off…

To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a dwelling house, if, after notice of his office and purpose, he be refused admittance. R.L.1910, § 5655.

He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest though it afterward appear that the felony had not been committed. R.L.1910, § 5656.

When arresting a person without a warrant, the officer must inform him of his authority and the cause of the arrest, except when he is in actual commission of a public offense, or is pursued immediately after an escape. R.L.1910, § 5657.

on motion of court, district attorney or defendant. Notwithstanding any provision of Section 18 or 19 of Title 22 of the Oklahoma Statutes, when a charge is dismissed because the court finds that the defendant has been arrested or charged as a result of the defendant’s name or ot…

A. For purposes of protecting persons who are the victims of identity theft, there is hereby created the “Oklahoma Identity Theft Passport Program”. The Oklahoma State Bureau of Investigation (OSBI) shall administer the Oklahoma Identity Theft Passport Program, prescribe procedur…

Expungement on motion of court or defendant. The court, upon its own motion or upon petition by the defendant and for good cause shown, may enter an order for expungement of law enforcement and court records relating to a charge or conviction for a prostitution-related offense co…

Every public offense must be prosecuted by indictment, or information except; 1. Where proceedings are had for the removal of civil officers of this state. 2. Offenses arising in the militia, when in actual service, and in the land and naval forces in time of war, or which the st…

placement. When any person is convicted of an offense against the laws of this state and is sentenced to imprisonment to be served in a county jail or a state correctional institution, the judge of the district court shall inquire whether such person is a single custodial parent …

magistrate. He may take before a magistrate, a person, who being engaged in a breach of the peace, is arrested by a bystander and delivered to him. R.L.1910, § 5658. R.L.1910, § 5658.

Sections 1 and 2 of this act shall be known and may be cited as the "Oklahoma Criminal Discovery Code". The Oklahoma Criminal Discovery Code shall govern the procedure for discovery in all criminal cases in all courts in this state. Added by Laws 1994, c. 292, § 1, eff. Sept. 1, …

Time of discovery - Regulation of discovery - Reasonable cost of copying, duplicating, and videotaping. A. Disclosure of Evidence by the State. 1. Upon request of the defense, the state shall disclose the following: a. the names and addresses of witnesses which the state intends …

When a public offense is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest. R.L. 1910, Sec. 5659.

A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person …

He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission. R.L.1910, § 5661.

If the person to be arrested has committed a felony, and a private person, after notice of the intention to make the arrest, be refused admittance, the private person may break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpo…

magistrate or officer. A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer. R.L.1910, § 5663.

Any person making an arrest must take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken. R.L.1910, § 5664. R.L.1910, § 5664.

If a person arrested escape or be rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state. R.L.1910, § 5665.

To take the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a dwelling house. R.L.1910, § 5666. R.L.1910, § 5666.

As used in this section: 1. "Blind administration" means the lack of knowledge of the administrator of an eyewitness identification procedure as to the identity of the suspect; 2. "Blinded administration" means the administrator of an eyewitness identification procedure may know …

A. Subject to the availability of funds, a person eighteen (18) years of age or older who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall, upon being booked into a jail or detention facility, submit to deoxyribonucleic acid …

All deoxyribonucleic acid (DNA) samples, records and identifiable information generated pursuant to the provisions of Section 1 of Enrolled House Bill No. 2275 of the 2nd Session of the 55th Oklahoma Legislature that are required to be automatically expunged under the provisions …