Rule 3:2-3. Arrest Warrant

Rule 3:2-3. Arrest Warrant

(a) Issuance of an Arrest Warrant When Law Enforcement Applicant is
Physically Before the Judicial Officer. An arrest warrant for an initial charge shall be
made on a Complaint-Warrant (CDR-2) form. The warrant shall contain the defendant's
name or if that is unknown, any name or description that identifies the defendant with
reasonable certainty, and shall be directed to any officer authorized to execute it,
ordering that the defendant be arrested and remanded to the county jail pending a
determination of conditions of pretrial release. The warrant shall be signed by a judicial
officer, which for these purposes shall be defined as the judge, clerk, deputy clerk,
authorized municipal court administrator, or authorized deputy municipal court
administrator.

(b) Issuance of and Procedures for an Arrest Warrant When Law
Enforcement Applicant is Not Physically Before the Judicial Officer. A judicial
officer may issue an arrest warrant on sworn oral testimony of a law enforcement
applicant who is not physically present. Such sworn oral testimony may be
communicated by the applicant to the judicial officer by telephone, radio or other means
of electronic communication.

The judicial officer shall administer the oath to the applicant. Subsequent to
taking the oath, the applicant must identify himself or herself, and read verbatim the
Complaint-Warrant (CDR-2) and any supplemental affidavit that establishes probable
cause for the issuance of an arrest warrant. If the facts necessary to establish probable
cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental
affidavit, the judicial officer need not make a contemporaneous written or electronic
recordation of the facts in support of probable cause. If the law enforcement officer
provides additional sworn oral testimony in support of probable cause, the judicial officer
shall contemporaneously record such sworn oral testimony by means of a recording
device, if available; otherwise, adequate notes summarizing the contents of the law
enforcement applicant's testimony shall be made by the judicial officer. This sworn
testimony shall be deemed to be an affidavit, or a supplemental affidavit, for the
purposes of issuance of an arrest warrant.

An arrest warrant may issue if the judicial officer is satisfied that probable cause
exists for issuing the warrant. On approval, the judicial officer shall memorialize the
date, time, defendant's name, complaint number, the basis for the probable cause
determination and any other specific terms of the authorization. That memorialization
shall be either by means of a recording device, or by adequate notes.
If the judicial officer has determined that a warrant shall issue and has the ability
to promptly access the Judiciary’s computer system, the judicial officer shall
electronically issue the Complaint-Warrant (CDR-2) in the computer system.
If the judicial officer has determined that a warrant shall issue and does not have
the ability to promptly access the Judiciary’s computer system, the judicial officer shall
direct the applicant, pursuant to procedures prescribed by the Administrative Director of
the Courts, to enter into the Judiciary computer system, for inclusion on the electronic
complaint, the date and time of the probable cause and warrant determinations. The
judicial officer shall also direct the applicant to complete the required certification and
activate the complaint.

The court shall verify, as soon as practicable, any warrant authorized under this
subsection and activated by law enforcement. Remand to the county jail and a pretrial
release decision are not contingent upon completion of this verification.
Procedures authorizing issuance of restraining orders pursuant to N.J.S.A.
2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") and N.J.S.A. 2C:14-12
("Nicole's Law") by electronic communication are governed by R. 3:26-1(e).

Note: Adopted July 13, 1994 to be effective January 1, 1995; original text of rule amended and
designated as paragraph (a) and new paragraph (b) added July 28, 2004 to be effective September 1,
2004; paragraph (b) amended July 9, 2013 to be effective September 1, 2013; paragraphs (a) and (b)
captions added and text amended August 30, 2016 to be effective January 1, 2017.