W. Va. Code R. agency 141, tit. 141, ser. 141-49, att. 2

Current through Register Vol. XLI, No. 40, October 4, 2024
Attachment 2 - SAMPLE FORMAT FOR WARRANT FOR ARREST

WARRANT FOR ARREST

TO ALL PEACE OFFICERS OF THE STATE OF WEST VIRGINIA AND ANY OTHER PEACE OFFICER OR CIVIL OFFICER HAVING AUTHORITY TO APPREHEND OFFENDERS UNDER THE LAWS OF THE UNITED STATES OR OF A STATE, GREETINGS:

Pursuant to Sections 7 through 14 of Chapter 15, Article 1E of the West Virginia Code, and considering the attached affidavit supporting a determination that probable cause exists to believe that an offense under the Uniform State Code of Military Justice was committed by the servicemember named herein, YOU ARE HEREBY DIRECTED TO ARREST:

Name, Rank, Social Security Number, Address whose description is as follows: Race: Weight: Height: DOB: Hair: Eyes:

and bring said person either before me, the undersigned authority at Address of unit immediately, or, alternatively, to deliver said person to Name of local Regional Jail or to the most appropriate detention facility within your jurisdiction for the purpose of answering to the State of West Virginia for an offense against the laws of said State, as follows: State USCMJ Article(s) from Charge Sheet as sworn to in writing before me. The accused may be fingerprinted and photographed if required by your agency, and while in your custody, the said individual shall be subject to the same treatment as other persons so restrained under the laws of the State of West Virginia. The accused may be released to the custody of the West Virginia National Guard or admitted to bail in the amount of $250.00 and given written notice to report within 24 hours to his National Guard unit at the address below. This warrant shall expire six months from the date of issuance, and authorized detention SHALL NOT EXCEED EIGHT HOURS from the time of arrest. Upon release the arresting authority shall deliver the attached written direct order to report to the unit before 1600 the following working day. Immediately after the accused is in custody, and again when he is released, you are required to notify the individual's National Guard unit by calling the following persons:

Name and Rank _________ Daytime Phone No. _________ After Hours Phone No. _________

By the authority of the Governor of the State of West Virginia and pursuant to the USCMJ (WV Code § 15-1E-1, et seq.), I affix my official signature, this ________ day of _____________________, 20____.

__________________________________________________________

(Typed Name & Rank of Convening Authority ("CA") (CA's Signature)

__________________________________________________________

(Military Unit and Location)

W. Va. Code R. agency 141, tit. 141, ser. 141-49, att. 2