Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 13. Criminal Code |
Chapter 38. MISCELLANEOUS |
Article 26. Habeas Corpus |
Sec 13-4140. Warrant for immediate production of person restrained or restraining; grounds
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A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason to believe that such person will be taken from the jurisdiction of the court or judge to whom the petition is made, or that the person will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued reciting the facts, and directed to the sheriff or any constable of the county, commanding such officer to take the person thus held in custody, confinement or restraint, and forthwith bring him before the court or judge to be dealt with according to law.
B. The court or judge may also insert in the warrant a command for apprehension of the person charged with such illegal detention and restraint.