NJ Court Rule 7:2-3. Arrest Warrants

NJ Court Rule 7:2-3 on Arrest Warrants

In New Jersey, the procedures and requirements for issuing arrest warrants are governed by Court Rule 7:2-3. This rule provides important protections against unlawful arrest while giving law enforcement a tool to apprehend suspects.

What is an Arrest Warrant?

An arrest warrant is a court order authorizing law enforcement to arrest and detain a person pending trial or other court proceedings. It is issued by a judge upon a showing of probable cause that the person committed an offense [1].

Requirements for Issuing an Arrest Warrant

Court Rule 7:2-3 establishes requirements for a valid arrest warrant in New Jersey. Key requirements include:

• Must be signed by a judge or authorized court officer
• Can only be issued upon a sworn complaint establishing probable cause of an offense
• Must specify the name of the defendant or, if unknown, any identifying information
• Must specify the offense(s) charged
• Must command any officer to arrest the defendant

The rule aims to prevent unlawful arrest by requiring sufficient evidence and judicial oversight.

Probable Cause Required

To issue an arrest warrant, the judge must find probable cause that the defendant committed the alleged offense(s) [2]. This requires sworn facts showing:

• A crime was committed
• The defendant is connected to the crime

Hearsay evidence can help establish probable cause. The standard is lower than proof beyond a reasonable doubt needed at trial.

Complaint-Warrant vs. Complaint-Summons

For indictable (felony) charges, the arrest warrant is issued using a Complaint-Warrant (CDR-2) form [4]. This allows immediate arrest.

For non-indictable charges, a Complaint-Summons (CDR-1) is typically issued first, allowing for voluntary appearance. Arrest warrants are discretionary if the summons is ignored.

Executing an Arrest Warrant

Once issued, police officers can execute the warrant to arrest the defendant at any time and place listed in the warrant [5]. Officers must show the warrant if requested.

Force may be used if the defendant resists arrest or flees. The defendant is then brought before a judge for a first appearance.

Return of Service on the Warrant

After making the arrest, the officer must promptly complete a return of service on the warrant indicating [2]:

• Date/time of arrest
• Defendant name
• Officer name

This ensures there is a record that proper arrest procedures were followed.

Bench Warrants for Failure to Appear

If a defendant fails to appear in court when required, the judge can issue a bench warrant for arrest under Court Rule 7:2-2. Police will then arrest the defendant and bring them before the court [3].

Search Warrants vs. Arrest Warrants

While related, search warrants and arrest warrants have different purposes:

• Search warrants allow searching a location and seizing evidence
• Arrest warrants authorize apprehending and detaining a suspect

Probable cause is required for both types of warrants.

Out-of-State Arrest Warrants

New Jersey will honor arrest warrants issued by courts in other states under the Extradition Clause of the U.S. Constitution. Out-of-state warrants can be executed in NJ to arrest fugitives.

Paying Bail to Avoid Arrest

In some cases, a judge may allow bail to be posted to avoid arrest on a warrant. But this is discretionary, and police may still opt to arrest the defendant.

Consult an Attorney if Facing an Arrest Warrant

Never ignore an arrest warrant, even if you believe it was improperly issued. Consult an experienced criminal defense attorney who can seek to quash invalid warrants or negotiate surrender on favorable terms in valid cases.