Probable cause; affidavit or oral presentation under oath; record;
determination; detention or release
Sec. 2. (a) At or before the initial hearing of a person arrested
without a warrant for a crime, the facts upon which the arrest was
made shall be submitted to the judicial officer, ex parte, in a probable
cause affidavit. In lieu of the affidavit or in addition to it, the facts
may be submitted orally under oath to the judicial officer. If facts
upon which the arrest was made are submitted orally, the proceeding
shall be recorded by a court reporter, and, upon request of any party
in the case or upon order of the court, the record of the proceeding
shall be transcribed.
(b) If the judicial officer determines that there is probable cause
to believe that any crime was committed and that the arrested person
committed it, the judicial officer shall order that the arrested person
be held to answer in the proper court. If the facts submitted do not
establish probable cause or if the prosecuting attorney informs the
judicial officer on the record that no charge will be filed against the
arrested person, the judicial officer shall order that the arrested
person be released immediately.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.12.
Last modified: May 24, 2006