27.02.030 Arrest by Warrant or Summons upon Complaint

27.02.030 Arrest by Warrant or Summons upon Complaint.

If a judge determines from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant named has committed the offense then a warrant for the arrest of the defendant may be issued to any police officer authorized by law to execute it. Upon the request of the prosecutor the judge shall, issue a summons instead of an arrest warrant. More than one warrant or summons may be issued on the same complaint. If the judge determines that probable cause does not exist, the judge shall dismiss the complaint without prejudice and refuse to issue a warrant.

(1) Arrest warrants shall:

(A) be in writing in the name of the Tribe;

(B) state the name of the defendant or, if their name is not known, a physical description by which they can be identified with reasonable certainty;

(D) describe the offense charged;

(E) command that the defendant be arrested and brought without unnecessary delay before the judge;

(F) include the bail amount, as deemed appropriate by the issuing judge; and

(G) be signed and dated by the judge.

(2) The summons shall:

(A) be in writing in the name of the Tribe;

(B) state the name of the defendant, along with that person’s address, if known;

(D) command the person to appear in Tribal Court at a specified date and time; and

(E) be issued by the Court Clerk and signed by a judge.

(3) A judge may issue a warrant or summons telephonically or by any other reliable electronic means.