First Adopted: June 13, 1979
Most Recently Effective: January 01, 2003
Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only
22.06 | Felonies – Summons and Warrants of Arrest – Service and Return
A summons may be served by:
(a) The clerk mailing it to defendant's last known address by first class mail; or
(b) An officer in the manner provided in Rule 54.13 or 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.
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).
(Former Rule 22.05. Adopted June 13, 1979, effective January 1, 1980. Amended March 17, 1982, effective January 1, 1983; Jan. 28, 2002, amended January 28, 2002, effective January 1, 2003.)