Court Rule 7:2-3. Arrest Warrants

New Jersey Court Rule - Warrant for Arrest

criminal accomplice

The rule governing how an arrest warrant is to be issued in NJ is Court Rule 7:2-3. The rule provides as follows:

7:2-3. Arrest Warrant: Execution and Service: Return

(a) By Whom Executed; Territorial Limits. An arrest warrant shall be executed by any officer authorized by law. The arrest warrant may be executed at any place within this State. A law enforcement officer arresting a defendant outside the territorial jurisdiction of the court that issued the warrant shall take the defendant, without unnecessary delay, before the nearest committing judge authorized to admit to bail in accordance with R. 7:4-2(a) and any other applicable rule of court.

(b) How Executed. The arrest warrant shall be executed by the arrest of the defendant. The law enforcement officer need not possess the warrant at the time of the arrest, but upon request, the officer shall show the warrant or a copy of an Automated Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing its issuance to the defendant as soon as possible. If the law enforcement officer does not have the actual warrant to show or does not have access to an ATS/ACS printer to produce a copy of the electronic record at the time of the arrest, the officer shall inform the defendant of the offense charged and that an arrest warrant has been issued.

(c) Return. The law enforcement officer executing an arrest warrant shall make prompt return of the arrest warrant to the court that issued the warrant. If the arrested defendant is not admitted to bail, the arresting officer shall notify the court issuing the arrest warrant by telephone or other electronic means of communication of the date and time of the arrest and the place of the defendant’s incarceration.