Arrest without warrant; magistrate; complaint

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13-3898. Arrest without warrant; magistrate; complaint

A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.

B. Subsection A of this section does not apply if the person making the arrest is a peace officer and decides to proceed under the provisions of section 13-3903.


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