Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3897 (2026)

Obtaining arrest warrant; duty of officer after arrest

✓ current as of May 2026

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13-3897. Obtaining arrest warrant; duty of officer after arrest

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 to arrest the person named in the affidavit.

B. When the arrest by virtue of a warrant occurs, the officer making the arrest shall without unnecessary delay take the person arrested 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 the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the alleged offense was committed.

Notes of Decisions

Cited in 2 cases, 1982–1999 · leading case: State v. Emery, 642 P.2d 838 (Ariz. 1982).

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State v. Emery, 642 P.2d 838 (Ariz. 1982). · cites it 2× “A.R.S. § 13-3897 requires that the person arrested be taken without unnecessary delay before the magistrate who issued the warrant.”

Frohlich v. City Court, 995 P.2d 714 (Ariz. Ct. App. 1999). · cites it 2× “Under these circumstances, the officer proceeds by sworn complaint and warrant pursuant to § 22-421 and, after arrest, takes the person “without unnecessary delay” before a magistrate pursuant to A.R.S. § 13-3897. This statute, unlike § 13-3898(B), does not contain a provision…”

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