Arizona Penal Code 13-4405.01 deals with the issue and execution of arrest warrants. This section of the criminal procedure states that all warrants issued in Arizona will have a clear mention of the action to be taken by law enforcement agents under its provisions. For instance, the warrant has to explicitly mention if the person named in the document is to be arrested, charged with a crime or if the warrant has been issued for the search and seizure of property (search warrants).
In AZ, arrest warrants and other legal provisions like search orders and bench warrants for detention are all issued by the judiciary. In fact, criminal summons are also released by the local tribunal with jurisdiction in such cases. Once an active warrant is issued, information pertaining to the order has to be sent promptly to the agency that was responsible for the investigation of the criminal matter.
In accordance with section 13-4405, if the victim has requested that he be notified of the arrest, upon the detention of the alleged offender, the agency that has effected the arrest will
While active warrants are issued in criminal matters, depending on the gravity of the offense committed, the police officer in charge may very well issue a citation. Alternatively when the affiant is a civilian, the court may release a summons in response to the complaint.
If the citation or the summons are ignored even after the person who has been ordered to appear in court has been notified of the possible legal ramifications of such an act, the tribunal may issue a fiduciary warrant to bring this person in.
Outstanding warrants whether they are issued in criminal cases or are bench warrants allow peace officers to arrest the suspect at any time of the day or night and from any place whether this is a public or private property.In addition to this, an active warrants released in criminal matters can be executed anywhere in the state of Arizona and even outside.
While nabbing the accused, even if he is in the state's most wanted category, the police officer in charge has to clearly mention to the accused his right to effect the arrest, that there is a warrant which calls for the detention of this individual and the charges that are being brought against him.
The arresting officer can not only break open doors and windows to enter a property that may be sheltering the accused but also summon the assistance of other sheriffs' offices and police officer and also private persons in making the arrest. Law enforcement agents as well as civilians have the authority to break into any premises where a person who has gone in to serve a warrant is being illegally detained.
The state of Arizona does not allow casual inquiries into criminal history; what this means for individual applicants is that only agencies that are statutorily permitted to gather arrest records and warrants related information will be offered access to this data.
Yet, under the state laws, information such as offense, arrests and incident police reports, 911 logs, civil subpoenas and other records except accident photos and reports aredeemed to be public records. Hence information pertaining to these can be accessed by anybody.
There are two approaches to accessing criminal history information. If you are looking for a personal crime background report, you will have to complete the records review instruction packet. To get more information on this, go to http://www.azdps.gov/Services/Records/Criminal_History_Records/Packet/or call on 602-223-2222. The completed packet will have to be mailed to the address listed below.
A sex offender list can also be procured from the department of public safety for $25. To access this information write to:
For third party arrest records and warrants data, you will have to submit a finger print based inquiry form. However, only non profits and organizations that work with seniors, children and physically or mentally challenged individuals are allowed to access this data.
Public records inquiries can be submitted online at https://www.azdps.gov/Services/Records/Public_Records/New/or through mail by writing to the Department at the address given above. The applicant is notified of the pricing of the report once the inquiry has been submitted and he/she will have to review the records before purchasing them. Court records and court dockets are not made part of this information. However, you could find information on these through the office of the clerk of court.