Time and manner of execution; information




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2568225-682.  Time and manner of execution; information

A.  A child support arrest warrant is executed by the arrest of the person named in the warrant.  The warrant may be executed at any time.

B.  When making an arrest pursuant to a child support arrest warrant, the arresting officer shall inform the person named in the warrant that the arresting officer has a child support arrest warrant unless:

1.  The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person.

2.  Providing this information will imperil the arrest.

C.  In order to execute a child support arrest warrant, the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be.

D.  The arresting officer does not have to possess the warrant at the time of the arrest.  If after the arrest the arrested person requests to see the warrant, the arresting officer shall show the arrested person a copy of the warrant as soon as practicable.

E.  The arrested person shall be brought before the issuing judicial officer as soon as possible or, if that judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court in the same county.  In any event, the arrested person shall be brought before a judicial officer of the superior court in the issuing county or the county of arrest within twenty four judicial business hours of the execution of the warrant.  If the person is arrested in a county other than the county in which the warrant was issued, the arresting officer shall notify the sheriff and the local title IV D agency, if applicable, in the county in which the warrant was issued that the person has been arrested.  As soon as practicable, the sheriff of the county in which the warrant was issued shall take custody of and transport the arrested person to the issuing judicial officer or a judicial officer of the superior court in the county in which the warrant was issued.  If the arrested person is not taken into custody and transported within seventy two hours after arrest, the arrested person shall be released and issued a written notice directing the arrested person to appear at a specified date and time in the superior court in the county in which the warrant was issued.  The notice shall have the same force and effect as an order of the superior court.  The notice shall state that if the arrested person fails to appear as directed a child support arrest warrant may be issued.  A copy of this notice shall be sent to the court and the local title IV D agency, if applicable, in the county in which the warrant was issued.25682





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