Rule 4. Warrant or Summons; Arrest

Warrant or Summons; Arrest.

Issuance

(1)

Upon complaint

If it appears from the complaint, or from an affidavit or affidavits filed with the

complaint, 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, or a summons in lieu of a warrant, shall be issued by a judge, magistrate,

clerk of court, or officer of the court designated by the judge, to any law

enforcement officer authorized by law to execute or serve it.

The finding of probable cause may be based upon hearsay in whole or in part,

provided there is a substantial basis for believing the source of the hearsay to be

credible and for believing that there is a factual basis for the information furnished.

Before ruling on a request for a warrant, the issuing authority may require the

complainant to appear personally and may examine under oath the complainant and

any witnesses. The testimony shall be admissible at a hearing on a motion to

suppress, if it was taken down by a court reporter or recording equipment.

The issuing authority shall issue a summons instead of a warrant upon the request

of the prosecuting attorney, or when issuance of a summons appears reasonably

calculated to ensure the defendant's appearance.

(2)

By law enforcement officer with warrant

In misdemeanor cases where a warrant has been issued to a law enforcement

officer, the officer, unless the issuing authority includes a prohibition against it in

the warrant, may issue a summons in lieu of executing the warrant by arrest, when

issuance of a summons appears reasonably calculated to ensure the defendant's

appearance. The officer issuing the summons shall note on the warrant and the

return that the warrant was executed by issuing summons, and shall also note the

time and place the defendant shall appear

cludes a prohibition against it in

the warrant, may issue a summons in lieu of executing the warrant by arrest, when

issuance of a summons appears reasonably calculated to ensure the defendant's

appearance. The officer issuing the summons shall note on the warrant and the

return that the warrant was executed by issuing summons, and shall also note the

time and place the defendant shall appear. No alias warrant shall be issued unless

the defendant fails to appear in response to the summons, or unless subsequent to

the issuance of summons it appears improbable that the defendant will appear in

response to the summons.

(3)

By law enforcement officer without a warrant

In misdemeanor cases where a law enforcement officer is empowered to arrest

without a warrant, the officer may issue a summons in lieu of making an arrest,

when issuance of a summons appears reasonably calculated to ensure the

defendant's appearance. The officer issuing the summons shall file, or cause to be

filed, a complaint describing the offense. No warrant shall be issued unless the

defendant fails to appear in response to the summons, or unless subsequent to the

issuance of summons it appears improbable that the defendant will appear in

response to the summons.

(B)

Multiple issuance; sanction

More than one warrant or summons may issue on the same complaint. If the defendant

fails to appear in response to summons, a warrant or alias warrant shall issue.

(C)

Warrant and summons: form

(1)

Warrant

The warrant shall contain the name of the defendant or, if that is unknown, any

name or description by which the defendant can be identified with reasonable

certainty, a description of the offense charged in the complaint, whether the warrant

is being issued before the defendant has appeared or was scheduled to appear, and

the numerical designation of the applicable statute or ordinance. A copy of the

complaint shall be attached to the warrant.

, if that is unknown, any

name or description by which the defendant can be identified with reasonable

certainty, a description of the offense charged in the complaint, whether the warrant

is being issued before the defendant has appeared or was scheduled to appear, and

the numerical designation of the applicable statute or ordinance. A copy of the

complaint shall be attached to the warrant.

(a)

If the warrant is issued after the defendant has made an initial

appearance or has failed to appear at an initial appearance, the

warrant shall command that the defendant be arrested and either of

the following:

(i)

That the defendant shall be required to post a sum of

cash or secured bail bond with the condition that the

defendant appear before the issuing court at a time

and date certain;

(ii)

That the defendant shall be held without bail until

brought before the issuing court without unnecessary

delay.

(b)

If the warrant is issued before the defendant has appeared or is

scheduled to appear, the warrant shall so indicate.

(2)

Summons

The summons shall be in the same form as the warrant, except that it shall not

command that the defendant be arrested, but shall order the defendant to appear at

a stated time and place and inform the defendant that he or she may be arrested if

he or she fails to appear at the time and place stated in the summons. A copy of the

complaint shall be attached to the summons, except where an officer issues

summons in lieu of making an arrest without a warrant, or where an officer issues

summons after arrest without a warrant.

(D)

Warrant and summons: execution or service; return

(1)

By whom

Warrants shall be executed and summons served by any officer authorized by law.

Unless a summons is being issued in lieu of arrest under divisions (A)(2) and

(A)(3), a summons may also be served by the clerk.

(2)

Territorial limits

Warrants may be executed or summons may be served at any place within this state.

ant.

(D)

Warrant and summons: execution or service; return

(1)

By whom

Warrants shall be executed and summons served by any officer authorized by law.

Unless a summons is being issued in lieu of arrest under divisions (A)(2) and

(A)(3), a summons may also be served by the clerk.

(2)

Territorial limits

Warrants may be executed or summons may be served at any place within this state.

(3)

Manner

Except as provided in division (A)(2) of this rule, warrants 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. In such case, the officer shall inform the

defendant of the offense charged and of the fact that the warrant has been issued.

A copy of the warrant shall be given to the defendant as soon as possible.

Summons may be served upon a defendant who is an individual by delivering a

copy to the defendant personally, or by leaving it at the defendant’s usual place of

residence with some person of suitable age and discretion then residing therein, or,

except when the summons is issued in lieu of executing a warrant by arrest, by

mailing it to the defendant's last known address by United States certified or express

mail with a return receipt requested or by commercial carrier service utilizing any

form of delivery requiring a signed receipt. When service of summons is made by

United States certified mail or express mail it shall be served by the clerk in the

manner prescribed by Civ.R. 4.1(A)(1)(a). When service of summons is made by

a commercial carrier service, it shall be served in the manner prescribed by Civ. R.

4.1(A)(1)(b). Summons issued under division (A)(2) of this rule in lieu of

executing a warrant by arrest shall be served by personal or residence service.

Summons issued under division (A)(3) of this rule in lieu of arrest and summons

issued after arrest under division (F) of this rule shall be served by personal service

only.

r service, it shall be served in the manner prescribed by Civ. R.

4.1(A)(1)(b). Summons issued under division (A)(2) of this rule in lieu of

executing a warrant by arrest shall be served by personal or residence service.

Summons issued under division (A)(3) of this rule in lieu of arrest and summons

issued after arrest under division (F) of this rule shall be served by personal service

only.

A summons to a defendant who is not an individual shall be served in the manner

provided for service in Civ.R. 4 through 4.2 and 4.6(A) and (B), except that the

waiver provisions of Civ.R. 4(D) shall not apply.

(4)

Return

The officer executing a warrant shall make return of the warrant to the issuing court

before whom the defendant is brought pursuant to Crim.R. 5. At the request of the

prosecuting attorney, any unexecuted warrant shall be returned to the issuing court

and canceled by a judge of that court.

When the copy of the summons has been served by delivering a copy to the

defendant personally or by leaving it at the defendant’s usual place of residence

with some person of suitable age and discretion then residing therein, the person

serving summons shall endorse that fact on the summons and return it to the clerk,

who shall make the appropriate entry on the appearance docket. When the copy of

the summons has been served by mailing it to the defendant’s last known address

by United States certified or express mail or by a commercial carrier service

utilizing any form of delivery requiring a signed receipt, it shall be docketed and

returned in the manner prescribed by Civ.R. 4.1(A)(2).

it to the clerk,

who shall make the appropriate entry on the appearance docket. When the copy of

the summons has been served by mailing it to the defendant’s last known address

by United States certified or express mail or by a commercial carrier service

utilizing any form of delivery requiring a signed receipt, it shall be docketed and

returned in the manner prescribed by Civ.R. 4.1(A)(2).

When the person attempting to serve summons by delivering a copy to the

defendant personally or by leaving it at the defendant’s usual place of residence

with some person of suitable age and discretion then residing therein is unable to

serve a copy of the summons within twenty-eight days of the date of issuance, the

person serving summons shall endorse that fact and the reasons for the failure of

service on the summons and return the summons and copies to the clerk, who shall

make the appropriate entry on the appearance docket. If the return of service of a

copy of the summons attempted to be served by United States certified or express

mail or by a commercial carrier service utilizing any form of delivery requiring a

signed receipt shows failure of delivery, the clerk shall file the return receipt or

returned envelope in the records of the case.

At the request of the prosecuting attorney, made while the complaint is pending, a

warrant returned unexecuted and not canceled, or a summons returned unserved, or

a copy of either, may be delivered by the court to an authorized officer for execution

or service.

(E)

Arrest

(1)

Arrest upon warrant

(a)

Where a person is arrested upon a warrant that states it was issued before a

scheduled initial appearance, or the warrant is silent as to when it was

issued, the judicial officer before whom the person is brought shall

determine bail.

unserved, or

a copy of either, may be delivered by the court to an authorized officer for execution

or service.

(E)

Arrest

(1)

Arrest upon warrant

(a)

Where a person is arrested upon a warrant that states it was issued before a

scheduled initial appearance, or the warrant is silent as to when it was

issued, the judicial officer before whom the person is brought shall

determine bail.

(b)

Where a person is arrested upon a warrant that states it was issued after an

initial appearance or the failure to appear at an initial appearance and the

arrest occurs either in the county from which the warrant issued or in an

adjoining county, the arresting officer shall, except as provided in division

(F) of this rule, where the warrant provides for the posting of bail, permit

the arrested person to post a sum of cash or secured bail bond as contained

in the warrant with the requirement that the arrested person appear before

the warrant issuing court at a time and date certain, or bring the arrested

person without unnecessary delay before the court that issued the warrant.

(c)

Where a person is arrested upon a warrant that states it was issued after an

initial appearance or the failure to appear at an initial appearance and the

arrest occurs in any county other than the county from which the warrant

was issued or in an adjoining county, the following sequence of procedures

shall be followed:

ithout unnecessary delay before the court that issued the warrant.

(c)

Where a person is arrested upon a warrant that states it was issued after an

initial appearance or the failure to appear at an initial appearance and the

arrest occurs in any county other than the county from which the warrant

was issued or in an adjoining county, the following sequence of procedures

shall be followed:

(i)

Where the warrant provides for the posting of bail, the

arrested person shall be permitted to post a sum of cash or

secured bail bond as contained in the warrant with the

requirement that the arrested person appear before the

warrant issuing court at a time and date certain.

(ii)

The arrested person may in writing waive the procedures in

division (E)(1)(c)(iii) of this rule after having been informed

in writing and orally by a law enforcement officer of those

procedures, and consenting to being removed to the warrant

issuing court without further delay. This waiver shall

contain a representation by a law enforcement officer that

the waiver was read to the arrested person and that the

arrested person signed the waiver in the officer’s presence.

(iii)

Where the warrant is silent as to the posting of bail, requires

that the arrested person be held without bail, the arrested

person chooses not to post bail, or the arrested person

chooses not to waive the procedures contained in division

(E)(1) of this rule, the arrested person shall, except as

provided in division (F) of this rule, be brought without

unnecessary delay before a court of record therein, having

jurisdiction over such an offense, and the arrested person

shall not be removed from that county until the arrested

person has been given a reasonable opportunity to consult

with an attorney, or individual of the arrested person’s

choice, and to post bail to be determined by the judge or

magistrate of that court not inconsistent with the directions

of the issuing court as contained in the warrant or after

consultation with the issuing

rested person

shall not be removed from that county until the arrested

person has been given a reasonable opportunity to consult

with an attorney, or individual of the arrested person’s

choice, and to post bail to be determined by the judge or

magistrate of that court not inconsistent with the directions

of the issuing court as contained in the warrant or after

consultation with the issuing court. If the warrant is silent as

to the posting of bail or holding the arrested person without

bail, the court may permit the arrested person to post bail,

hold the arrested person without bail, or consult with the

warrant issuing court on the issue of bail.

(d)

If the arrested person is not released, the arrested person shall then be

removed from the county and brought before the court issuing the warrant,

without unnecessary delay and not later than the time prescribed by statute

for the defendant’s first bail hearing. If the arrested person is released, the

release shall be on condition that the arrested person appear in the issuing

court at a time and date certain.

(2)

Arrest without warrant

Where a person is arrested without a warrant and has not been released from

custody pursuant to division (F) of this rule, the arresting officer shall, , complete

the following tasks:

(a)

Promptly cause to be prepared a criminal complaint or sworn

statement setting forth probable cause supporting the arrest. A judge

or magistrate of a court having jurisdiction over the offense shall

review for probable cause the complaint or sworn statement without

unnecessary delay and, notwithstanding Crim. R. 45, not later than

48 hours after the arrest. The probable cause review need not be

conducted in open court or on the record. If the reviewing judge or

magistrate does not find that the complaint or statement establishes

probable cause to believe an offense has been committed, the

defendant shall be released for that offense.

statement without

unnecessary delay and, notwithstanding Crim. R. 45, not later than

48 hours after the arrest. The probable cause review need not be

conducted in open court or on the record. If the reviewing judge or

magistrate does not find that the complaint or statement establishes

probable cause to believe an offense has been committed, the

defendant shall be released for that offense.

(b)

Bring the arrested person without unnecessary delay, and not later

than the tiem prescribed by statute for the defendant’s first bail

hearing, before a court having jurisdiction of the offense, and shall

file or cause to be filed a complaint describing the offense for which

the person was arrested. Thereafter the court shall proceed in

accordance with Crim.R. 5.

(F)

Release after arrest

Except when otherwise prohibited by law, in misdemeanor cases where a person has been

arrested with or without a warrant, the arresting officer, the officer in charge of the

detention facility to which the person is brought or the superior of either officer, without

unnecessary delay, may release the arrested person by issuing a summons unless it appears

that issuance of a summons will not reasonably assure the person's appearance. The officer

issuing such summons shall note on the summons the time and place the person must

appear and, if the person was arrested without a warrant, shall file or cause to be filed a

complaint describing the offense. No warrant or alias warrant shall be issued unless the

person fails to appear in response to the summons.

(G)

Use of electronically produced criminal complaint and summons

The officer

issuing such summons shall note on the summons the time and place the person must

appear and, if the person was arrested without a warrant, shall file or cause to be filed a

complaint describing the offense. No warrant or alias warrant shall be issued unless the

person fails to appear in response to the summons.

(G)

Use of electronically produced criminal complaint and summons

(1)

Local rules adopted by a court pursuant to the Rules of Superintendence for the

Courts of Ohio may provide for the use of a criminal complaint and summons that

is produced by computer or other electronic means. A criminal complaint and

summons produced by computer or other electronic means shall conform in all

substantive respects to the "Ohio Rules of Criminal Procedure" set forth in the

Appendix of Forms. The complaint and summons paper shall be of sufficient

quality to allow the court record copy to remain unchanged for the period of the

retention schedule for the various criminal offenses as prescribed by Rule 26.05 of

the Rules of Superintendence for the Courts of Ohio. The court record for the

complaint and summons shall be filed with the court or may be filed electronically

as authorized by local rule and division (G)(2) of this rule.

(2)

Local rules adopted by a court pursuant to the Rules of Superintendence for the

Courts of Ohio may also provide for the filing of the criminal complaint and

summons by electronic means. If a criminal complaint and summons is issued at

the scene of an alleged offense, the local rule shall require that the issuing officer

serve the defendant with the defendant's paper copy of the criminal complaint and

summons as required by division (D) of this rule

uperintendence for the

Courts of Ohio may also provide for the filing of the criminal complaint and

summons by electronic means. If a criminal complaint and summons is issued at

the scene of an alleged offense, the local rule shall require that the issuing officer

serve the defendant with the defendant's paper copy of the criminal complaint and

summons as required by division (D) of this rule. A law enforcement officer who

files a criminal complaint and summons pursuant to divisions (G)(l) or (G)(2) of

this rule and electronically affixes the officer's signature thereto, shall also have

his/her signature attested to by either a "peace officer," "judge," "clerk," or "deputy

clerk" after which the complaint and summons shall be considered to have been

certified and shall have the same rights, responsibilities, and liabilities as with all

other criminal complaints and summons issued pursuant to these rules.

1, 2023; July 1, 2024