Ohio Rev. Code § 2935.08 (2026)

Issuance of warrant

✓ current as of May 2026

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Effective:

January 9, 1961

Latest Legislation:

House Bill 1 - 104th General Assembly

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Upon the filing of an affidavit or complaint as provided in sections 2935.05 or 2935.06 of the Revised Code such judge, clerk, or magistrate shall forthwith issue a warrant to the peace officer making the arrest, or if made by a private person, to the most convenient peace officer who shall receive custody of the person arrested. All further detention and further proceedings shall be pursuant to such affidavit or complaint and warrant.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1964–2022 · leading case: State v. Hobbs, 2012 Ohio 3886 (Ohio 2012).

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State v. Hobbs, 2012 Ohio 3886 (Ohio 2012). · cites it 2× “91-047 at 2-247 (“[t]he *47 plain language of R.C. 2935.08 and R.Crim. P. 4 discloses that the General Assembly and the Ohio Supreme Court intended that individuals arrested without a warrant receive a post-arrest determination to ascertain whether the arresting officer had…”

State v. Thompson, 514 N.E.2d 407 (Ohio 1987). “Once this is done, a warrant is issued to the arresting officer or citizen pursuant to R.C. 2935.08. However, as stated supra, the parole officer herein was not required to obtain a warrant before arresting appellant.”

State v. Gedeon, 2019 Ohio 3348 (Ohio Ct. App. 2019). · cites it 4× “R.C. 2935.08; see [Crim.R.] 4(A). “All further detention and further proceedings shall be pursuant to such affidavit * * * and warrant.”

State v. Jordan (Slip Opinion), 2021 Ohio 3922 (Ohio 2021). “The officer may, but if he does not, the private person shall file or cause to be filed in such court or before such magistrate an affidavit stating the offense for which the person was arrested”) with R.C. 2935.08 (“Upon the filing of an affidavit or complaint as provided in…”

State v. Taylor, 2022 Ohio 2877 (Ohio Ct. App. 2022). “That section requires the filing of an affidavit describing the offense for which the person was arrested, either with the court or with the prosecuting attorney. If filed with the attorney, he must forthwith file a complaint with the court based on the affidavit.”

State v. Domer, 204 N.E.2d 69 (Ohio Ct. App. 1964). “Sections 2935.08 (129 Ohio Laws 582, 748), 2935.”

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