Rule 3.2 - Contents of Arrest Warrant or Summons; Execution, Return(a)Arrest Warrant. An arrest warrant issued upon a charging affidavit shall be signed by the issuing judge. The arrest warrant shall: (1) contain the complete name of the defendant, or if the name is unknown, any name or description by which the defendant can be identified with reasonable certainty;(2) contain the location of the defendant, if known;(3) state the offense with which the defendant is charged; and(4) command that the defendant be arrested and brought before the issuing judge, or, if the issuing judge is unavailable, before the nearest or most accessible judge having jurisdiction. If the defendant is bailable as a matter of right, the arrest warrant may state that the defendant shall be released on his personal recognizance, subject to the mandatory conditions of release in Rule 8.4(a), and directed to appear at a specified time and place, or be released via an appearance bond or a secured appearance bond in an amount predetermined by the court. (b) Summons. The summons shall be in the same form as the arrest warrant, except that it shall summon the defendant to appear at a stated time and place within a reasonable time from the date of issuance.(c) Execution of Arrest Warrant, Return. (1)By Whom. The arrest warrant shall be directed to and may be executed by any officer authorized by law within the State of Mississippi.(2)Manner of Execution. An arrest warrant shall be executed by arrest of the defendant.(3)Return. After execution, the officer returning an arrest warrant shall write thereon the manner and date of execution, shall print and sign the officer's name and state the officer's badge number, and shall promptly return the arrest warrant to the clerk of the court specified in the arrest warrant.(d)Service of Summons. The summons may be served by personally delivering a copy of the summons to the defendant by any officer authorized by law to execute arrest warrants or by delivering a copy of the summons by U.S. mail, addressed to the defendant at the defendant's usual residence, business or post office address. The officer serving the summons shall make return of the summons in the same manner as provided in Rule 3.2(c)(3) for making return of an arrest warrant.(e)Defective Arrest Warrant. An arrest warrant shall not be invalidated nor shall any person in custody thereon be discharged because of a defect in form. The arrest warrant may be amended by the court to remedy such defect.Adopted eff. 7/1/2017; amended eff. 7/1/2018.Comment
Where circumstances dictate issuance of an arrest warrant rather than a summons, yet there is reason for use of recognizance release, Rule 3.2(a) gives the issuing judge the flexibility of allowing a personal recognizance release, subject to the mandatory conditions of release in Rule 8.4(a). The release of an arrested defendant on recognizance would not preclude the defendant's having to appear at the initial hearing, but might preclude the defendant's spending the night in jail unnecessarily. Alternatively, the issuing judge has discretion to set an appearance bond or secured appearance bond in the warrant, if the defendant is bailable as a matter of right.
Rule 3.2(c)(1) states that an arrest warrant be directed to and executed by "any officer authorized by law within the State of Mississippi." Mississippi law authorizes a broad range of officers to make arrests. See Miss. Code Ann. §§ 99-3-1(1), 99-3-2.
Rule 3.2(d) is designed to make service of the summons as easy and expeditious as possible. The function of the summons is solely to apprise the defendant of the charges and to notify the defendant to appear. Delivery of a copy of the summons by U.S. mail is similar to the procedure utilized for summoning persons whose names are drawn for jury duty. See Miss. Code Ann. § 13-5-28. A defendant's failure to respond to a mailed summons does not provide valid grounds for the issuance of a contempt-based arrest warrant.
Under Rule 3.2(e), a mere defect in form will not invalidate an arrest warrant. Normally, aliases, fictitious names, and descriptions are matters of form and may be amended if judicially determined to be incorrect.