Supreme Court Rules - Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only: Felonies - Summons and Warrants of Arrest

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Supreme Court Rules

		Section/Rule:	22.06
Subject:	Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only	Publication / Adopted Date:	January 28, 2002
Topic:	Felonies - Summons and Warrants of Arrest - Service and Return	Revised / Effective Date:	January 1, 2003

22.06. Felonies - Summons and Warrants of Arrest - Service and Return

A summons may be served by:

(

) The clerk mailing it to defendant's last known address by first class mail; or

(

) An officer in the manner provided in

Rule 54.13

Rule 54.14.

If the defendant fails to appear in response to the summons and upon finding of probable cause that the defendant has committed a felony, the court may issue an arrest warrant.

A warrant may be executed anywhere in the state by any peace officer. The peace officer need not possess the warrant at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as possible.

If the peace officer does not possess the warrant at the time of the arrest, the officer shall inform the defendant of the felony charged and the fact that a warrant has been issued.

(Former Rule 22.05. Adopted Jan. 13, 1797, eff. Jan. 1, 1980. Amended March 17, 1982, eff. Jan. 1, 1983; Jan. 28, 2002, eff. Jan. 1, 2003)

Committee note - 1979

The first sentence is substantially the same as the next to the last sentence of prior Rule 21.05 and the last sentence of prior Rule 21.10.

Compare: Prior Rule 21.09, prior Rule 21.10 and Fed.R.Crim.P 4(d)(1), (2) and (3).