46-30-227. Arrest of accused before making of requisition. (1) A judge or magistrate of this state shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named in the warrant wherever the person may be found in this state and to bring the person before the issuer or any other judge, magistrate, or court that may be available in or convenient of access to the place where the arrest is made to answer the charge or complaint and affidavit whenever:
(a) a person within this state is charged on the oath of a credible person before the judge or magistrate with the commission of a crime in another state and, except in cases arising under 46-30-204, with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of the person's bail, probation, or parole; or
(b) a complaint is made before the judge or magistrate setting forth on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused is believed to be in this state and has been charged in the other state with:
(i) the commission of the crime and, except in cases arising under 46-30-204, having fled from justice; or
(ii) having been convicted of a crime in that state and having escaped from bail, probation, or parole.
(2) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued must be attached to the warrant.
History: En. 95-3113 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 53, Ch. 184, L. 1977; R.C.M. 1947, 95-3113; amd. Sec. 1781, Ch. 56, L. 2009.
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