7:2-3. Warrants; Execution and Service: Return
(a) By Whom Executed; Territorial Limits. A warrant shall be executed by any
officer authorized by law. The warrant may be executed at any place within this State.
This applies to all warrants issued by the municipal court, including Complaint-Warrants
(CDR-2) and bench warrants that may be issued after the initial filing of the complaint. A
bench warrant is any warrant, other than a Complaint-Warrant (CDR-2), that is issued
by the court that orders a law enforcement officer to take the defendant into custody.
(b) How Executed. The warrant shall be executed by the arrest of the
defendant. The law enforcement officer need not possess the warrant at the time of the
arrest, but upon request, the officer shall show the warrant or a copy of an Automated
Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing
its issuance to the defendant as soon as possible. If the law enforcement officer does
not have the actual warrant to show or does not have access to an ATS/ACS printer to
produce a copy of the electronic record at the time of the arrest, the officer shall inform
the defendant of the offense charged and that a warrant has been issued. Defendants
arrested on a Complaint-Warrant (CDR-2) charging an indictable or disorderly persons
offense shall be remanded to the county jail pending a determination regarding
conditions of pretrial release. Defendants arrested on a Complaint-Warrant (CDR-2)
charging any other matter shall be brought before the court issuing the warrant,
pursuant to Rule 7:2-1(d)(3).
(c) Return. The law enforcement officer executing a warrant shall make prompt
return of the warrant to the court that issued the warrant. The arresting officer shall
promptly notify the court issuing the warrant by electronic communication through the
appropriate Judiciary computer system of the date and time of the arrest. If the
defendant is incarcerated, the law enforcement officer shall promptly notify the court of
the place of the defendant's incarceration.
Note: Source -- Paragraph (a): R. (1969) 7:2; 7:3-1, 3:3-3(a), (b), (c), (e); Paragraphs (b)(1), (2), (3): R. (1969) 7:3-1: Paragraph (b)(4): R. (1969) 7:2, 7:3-1, 3:3-3(e). Adopted October 6, 1997 to be effective February 1, 1998; caption amended, caption of former paragraph (a) deleted, caption and text of former paragraph (b) deleted and relocated to new Rule 7:2-4, former paragraphs (a)(1), (a)(2), and (a)(3) redesignated as paragraphs (a), (b), and (c) July 28, 2004 to be effective September 1, 2004; caption amended, paragraphs (a), (b), (c) amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended November 14, 2016 to be effective January 1, 2017.
(a) By Whom Executed; Territorial Limits. A warrant shall be executed by any
officer authorized by law. The warrant may be executed at any place within this State.
This applies to all warrants issued by the municipal court, including Complaint-Warrants
(CDR-2) and bench warrants that may be issued after the initial filing of the complaint. A
bench warrant is any warrant, other than a Complaint-Warrant (CDR-2), that is issued
by the court that orders a law enforcement officer to take the defendant into custody.
(b) How Executed. The warrant shall be executed by the arrest of the
defendant. The law enforcement officer need not possess the warrant at the time of the
arrest, but upon request, the officer shall show the warrant or a copy of an Automated
Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing
its issuance to the defendant as soon as possible. If the law enforcement officer does
not have the actual warrant to show or does not have access to an ATS/ACS printer to
produce a copy of the electronic record at the time of the arrest, the officer shall inform
the defendant of the offense charged and that a warrant has been issued. Defendants
arrested on a Complaint-Warrant (CDR-2) charging an indictable or disorderly persons
offense shall be remanded to the county jail pending a determination regarding
conditions of pretrial release. Defendants arrested on a Complaint-Warrant (CDR-2)
charging any other matter shall be brought before the court issuing the warrant,
pursuant to Rule 7:2-1(d)(3).
(c) Return. The law enforcement officer executing a warrant shall make prompt
return of the warrant to the court that issued the warrant. The arresting officer shall
promptly notify the court issuing the warrant by electronic communication through the
appropriate Judiciary computer system of the date and time of the arrest. If the
defendant is incarcerated, the law enforcement officer shall promptly notify the court of
the place of the defendant's incarceration.
Note: Source -- Paragraph (a): R. (1969) 7:2; 7:3-1, 3:3-3(a), (b), (c), (e); Paragraphs (b)(1), (2), (3): R. (1969) 7:3-1: Paragraph (b)(4): R. (1969) 7:2, 7:3-1, 3:3-3(e). Adopted October 6, 1997 to be effective February 1, 1998; caption amended, caption of former paragraph (a) deleted, caption and text of former paragraph (b) deleted and relocated to new Rule 7:2-4, former paragraphs (a)(1), (a)(2), and (a)(3) redesignated as paragraphs (a), (b), and (c) July 28, 2004 to be effective September 1, 2004; caption amended, paragraphs (a), (b), (c) amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended November 14, 2016 to be effective January 1, 2017.
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