R.I. Super. Ct. R. Crim. P. 4

As amended through April 4, 2024

Rule 4 - Arrest Warrant or Summons Upon Complaint.

(a)Arrest Warrant.

(1)Issuance. If it appears from the complaint, or from the statement or statements made and subscribed to before a judicial officer of the District Court or other officer empowered to issue warrants, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officers authorized by law to execute it.

(2)Form. The arrest warrant shall be signed by the judicial officer issuing it and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. The arrest warrant shall describe the offense(s) charged in the complaint. The judicial officer or other officer issuing an arrest warrant may endorse upon it the amount of bail if the offense is bailable by that judicial officer or other officer. The warrant shall be directed to any officers or other persons authorized by law to execute same and shall command that the defendant be arrested and, unless otherwise provided by law, be brought before a judicial officer of the District Court for the division in which the crime was committed.

(3)Execution and Return of a Warrant.

(A) By Whom. The arrest warrant shall be executed by any officer authorized by law.

(B) Territorial Limits. The arrest warrant may be executed at any place within the State of Rhode Island.

(C) Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in the officer's possession at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in the officer's possession at the time of the arrest, the officer shall then inform the defendant of the offense(s) charged and that an arrest warrant has been issued.

(D) Return. The officer executing an arrest warrant shall make return thereof to the judicial officer before whom the defendant is brought pursuant to Rule 5. Upon execution of an arrest warrant or surrender by a defendant, the attorney for the Office of the Attorney General or the authorized law enforcement agency shall cause any copies of the arrest warrant to be returned to the District Court for the division in which the offense was committed. The Office of the Attorney General or the authorized law enforcement agency may return any unexecuted arrest warrants to the District Court for cancellation. At the request of the attorney for the Office of the Attorney General or the authorized law enforcement agency made at any time while the complaint is pending, an arrest warrant returned unexecuted and not cancelled may be delivered to any authorized person for execution.

(b)Summons.

(1)Issuance. The Office of the Attorney General or the authorized law enforcement agency may serve a summons upon the defendant.

(2)Form. The summons shall be in a form approved by the District Court, describe the offense(s) charged in the complaint, and shall summon the defendant to appear at a stated time and place before a judicial officer of the District Court for the division in which the offense is alleged to have been committed.

The Office of the Attorney General or the authorized law enforcement agency shall have the defendant sign the summons or acknowledge that the defendant refused to sign. If a defendant fails to appear in response to the summons, a bench warrant may issue. The most current Summons is located on the Judiciary's website at www.courts.ri.gov under the heading of Forms, District Court.

(3)Service and Return of a Summons.

(A) By Whom. The summons may be served by any person authorized to execute a warrant.

(B) Territorial Limits. The summons may be served at any place within the State of Rhode Island.

(C) Manner. The summons shall be served upon a defendant by delivering a copy to the defendant personally, by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the defendant's last known address.

(D) Return. Upon service of a summons, or surrender by a defendant, the attorney for the Office of the Attorney General or the authorized law enforcement agency shall cause any copies of the summons or any summons issued against the defendant for the same offense, to be returned to the District Court for the division in which the offense was committed. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the District Court for the division in which the offense was committed. At the request of the attorney for the Office of the Attorney General or the authorized law enforcement agency made at any time while the complaint is pending, a summons returned unserved or a duplicate thereof may be delivered to any authorized person for service.

R.I. Super. Ct. R. Crim. P. 4

Last amended by Order dated June 22, 2017, effective 9/5/2017.

1972 Notes

Subdivision (a) is substantially the same as Federal Rule 4. It modifies Rhode Island procedure by permitting, upon request of the attorney for the State, a summons to issue in lieu of a warrant of arrest.

Subdivision (b)(1) differs from its federal counterpart which requires the warrant to command that the arrestee be brought before "the nearest available commissioner." Under the Rhode Island provision, except where otherwise provided by law, the warrant will direct that an arrested person be brought before a judge of the District Court for the division in which the crime was committed. The federal provision is deemed unnecessary in Rhode Island since the distances between any points within the State are small enough for an arrested person to be taken without undue delay or inconvenience before the court where the crime occurred. This conforms with existing Rhode Island procedure. See G.L. 1956 (1969 Reenactment), § 12-6-4 which incorporates the "return" requirements of § 12-4-2. A statutory exception to the rule exists in fugitive from justice proceedings. Under G.L. 1956 (1969 Reenactment), § 12-9-16, a fugitive warrant is returnable, inter alia, to any judge who may be available where the arrest is made.

The second sentence of this subdivision, permitting the amount of bail to be endorsed upon the warrant at the time of issuance, is not contained in the federal rule. It was added to retain existing Rhode Island practice which permits an officer issuing a warrant or capias to specify in the process the amount of bail to be posted by the defendant. G.L. 1956 (1969 Reenactment), §§ 12-13-1 and 12-13-2. Since the amount of bail endorsed upon the warrant is arrived at in an ex parte proceeding, the justice of the peace or other officer who, after the arrest is made, holds a hearing for the purpose of setting bail, is not in any manner bound by the amount stated in the warrant. Typically, the amount of bail endorsed on the warrant can be expected to exceed the bail that would be set after an adversary hearing pursuant to Rule 5.

Subdivision (b)(2) is essentially the same as its federal counterpart. Although Rhode Island law does not currently provide for issuance by a judicial officer of a summons in lieu of a warrant, it does authorize peace officers to issue summonses in cases involving misdemeanors. G.L. 1956 (1969 Reenactment), § 12-7-11.

Subdivision (c)(1) is similar to its federal counterpart except that it permits summonses to be served only by persons who are authorized to execute warrants. Under the federal rule persons authorized to serve a summons in a civil suit, which includes private persons, may serve summonses in a criminal action. It was considered inappropriate and not in harmony with existing Rhode Island practice to authorize private persons to serve process in criminal proceedings.

Subdivision (c)(2) corresponds to the federal rule but, of course, permits execution of a warrant or service of a summons only within the territorial boundaries of Rhode Island. This provision does not alter existing jurisdictional limitations on the authority of various classes of peace officers to execute criminal process. See, e.g., G.L. 1956 (1969 Reenactment), § 42-29-22 (sheriffs and their deputies) and § 45-16-4 (town sergeants and constables).

The portion of Rule 4(c)(3) governing execution of warrants is identical to the federal rule and is basically in accord with existing Rhode Island practice. The final sentence of this subdivision governing service of summonses is also identical to the federal rule; the provision for substituted service of a summons, however, will be new to Rhode Island practice.

Subdivision (c)(4) is substantially the same as the federal rule. The provisions for return and cancellation of unexecuted warrants and summonses, as well as reissuance of returned, unexecuted warrants, have no specific statutory counterparts in Rhode Island.