Rhode Island General Laws
R.I. Gen. Laws § 12-6-4 (2026)
Issuance of warrant
✓ current as of July 2026
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Upon the giving of a recognizance with surety, in the case where surety is required, and upon the giving of a recognizance without surety, where no surety is required, and upon the making of a complaint only where no recognizance is required, the judge or justice of the peace, if in his or her opinion there is probable cause to believe that an offense has been committed and that defendant has committed it, shall immediately issue his or her warrant.
Notes of Decisions
Cited in 4
cases, 1964–1985 · leading case: State v. Santos, 498 A.2d 1024 (R.I. 1985).
State v. Santos, 498 A.2d 1024 (R.I. 1985). “led “Warrants for Arrest,” empowers “any judge of the district court, or * * * any justice of the peace authorized to issue warrants” to hear a complaint (§ 12-6-1) and mandates that the “judge or justice of the peace, if in his opinion there is probable cause to believe that an…”
Brant v. McSoley, 260 A.2d 443 (R.I. 1970). “§12-6-1 to the then justice of the District Court of the Eighth Judicial District requesting him to issue a warrant under §12-6-4 for the arrest of the warden of the Adult Correctional Institutions on the grounds that the latter had deprived him of his civil rights under 18 U.”
State v. Winsor, 204 A.2d 427 (R.I. 1964). “Under §12-6-4 the issuance of a warrant requires a finding of probable cause.”
State v. Drake, 298 A.2d 537 (R.I. 1973). “A warrant for his arrest was thereupon issued pursuant to §12-6-4. 3 *26 The complaint, dated November 12, 1964, charges that defendant: “Did then and there recklessly drive a motor vehicle upon a public highway of this State to-wit: Tower Hill Road so-called, so that the lives…”
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