7:2-2. Issuance of Arrest Warrant or Summons
(a) Authorization for Process
(1) Citizen Complaint. An arrest warrant or a summons on a complaint charging
any offense made by a private citizen may be issued only by a judge or, if authorized by
the judge, by a municipal court administrator or deputy court administrator of a court
with jurisdiction in the municipality where the offense is alleged to have been committed
within the statutory time limitation. The arrest warrant or summons may be issued only if
it appears to the judicial officer from the complaint, affidavit, certification or testimony
that there is probable cause to believe that an offense was committed [and] , the
defendant [has] committed it, and an arrest warrant or summons can be issued. The
judicial officer's finding of probable cause shall be noted on the face of the summons or
warrant and shall be confirmed by the judicial officer’s signature issuing the arrest
warrant or summons. If, however, the municipal court administrator or deputy court
administrator finds that no probable cause exists to issue an arrest warrant or
summons, or that the applicable statutory time limitation to issue the arrest warrant or
summons has expired, that finding shall be reviewed by the judge. A judge finding no
probable cause to believe that an offense occurred or that the statutory time limitation to
issue an arrest warrant or summons has expired shall dismiss the complaint.
(2) Complaint by Law Enforcement Officer or Other Statutorily Authorized
Person. A summons on a complaint made by a law enforcement officer charging any
offense may be issued by a law enforcement officer or by any person authorized to do
so by statute without a finding by a judicial officer of probable cause for issuance. A law
enforcement officer may personally serve the summons on the defendant without
making a custodial arrest.
(3) Complaint by Code Enforcement Officer. A summons on a complaint made
by a Code Enforcement Officer charging any offense within the scope of the Code
Enforcement Officer’s authority and territorial jurisdiction may be issued without a
finding by a judicial officer of probable cause for issuance. A Code Enforcement Officer
may personally serve the summons on the defendant. Otherwise, service shall be in
accordance with these rules. For purposes of this rule, a “Code Enforcement Officer” is
a public employee who is responsible for enforcing the provisions of any state, county or
municipal law, ordinance or regulation which the public employee is empowered to
enforce.
(b) ... no change
(c) ... no change
(d) ... no change
(e) ... no change
