Section 15-10-43 – Alias and Pluries Writs.
Section 15-10-43 Alias and pluries writs. As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order. (Code 1852, §616; Code 1867, §4168; Code 1876, §4839; Code 1886, §4399; Code 1896, §5255; Code 1907, §6287; Code 1923, §3281; Code 1940, […]
Section 15-10-44 – Execution of Writ by Sheriff or Deputy.
Section 15-10-44 Execution of writ by sheriff or deputy. A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing […]
Section 15-10-4 – Arrest Without Warrant – Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House.
Section 15-10-4 Arrest without warrant – Duty of arresting officer; authority of officer to break and enter dwelling house. When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. […]
Section 15-10-45 – Execution of Writs, Attachments and Other Process in Adjoining County.
Section 15-10-45 Execution of writs, attachments and other process in adjoining county. All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court […]
Section 15-10-6 – Offense Committed in Presence of Judge or Magistrate.
Section 15-10-6 Offense committed in presence of judge or magistrate. When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought […]
Section 15-10-46 – Copy of Arrest Writ to Be Delivered to Jailer.
Section 15-10-46 Copy of arrest writ to be delivered to jailer. When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ. (Code 1852, […]
Section 15-10-7 – Arrests by Private Persons.
Section 15-10-7 Arrests by private persons. (a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the […]
Section 15-10-47 – Return of Writs by Sheriff; Duty of Clerks to Accept Returns by Mail; Failure of Sheriffs to Comply With Section.
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return […]
Section 15-10-8 – When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice.
Section 15-10-8 When notice of arrest for capital felony to be given to Governor or Chief Justice. Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody […]
Section 15-10-60 – Definition; Procedure.
Section 15-10-60 Definition; procedure. A “bench warrant” is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the […]