2.10.880 Arrest warrants.
Every judge may issue warrants to arrest; provided, however, that such warrants shall be issued only upon a showing of probable cause in sworn written statements containing reliable information. No tribal judge shall issue an arrest warrant if he or she finds that there is not probable cause to believe that the offense charged has been committed by the individual named in the warrant.
(a) Every arrest warrant shall command that an individual(s) be arrested and brought before the issuing judge, or, if he or she is unavailable, another tribal judge, and shall contain the following information:
(1) The name of the arrestee, or if his or her name is unknown, any name or description by which he or she can be identified with reasonable certainty; and if known, the defendant’s address; and
(2) The date of issuance of the warrant; and
(3) A statement of the offense with which the arrestee is charged and a description of the acts which the accused committed which constitute the offense; and
(4) The signature of the issuing judge.
(b) A summons shall be in the same form as a warrant except that it shall summon the defendant to appear at a stated time and place within seven days of the date of service. At the request of the Tribal Prosecutor the summons shall command the defendant to report to a designated place to be photographed and fingerprinted prior to his or her appearance in response to the summons.
(c) Unless good cause for failure to report is shown, such failure shall result in defendant²s arrest at the time of appearance in response to the summons, whereupon the judge shall direct the defendant to report immediately for such photographing and fingerprinting. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]