Rule 4 Arrest Warrant or Summons Upon Complaint
Rule Text
(a) Issuance. 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 shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue.
(b) Probable Cause. The finding of probable cause may be based upon hearsay evidence in whole or in part.
(c) Form.
(1) Warrant. The warrant shall be signed by the district court judge or justice of the High Court and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available judge or justice at the next sitting of the district court or the High Court.
(2) Summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the district court or the High Court at a stated time and place.
(d) Execution or Service; and Return.
(1) By Whom. The Warrant shall be executed by a marshal, police officer or other officer authorized by law. The summons may be served by any person authorized to serve a summons in a civil action.
(2) Territorial Limits. The warrant may be executed or the summons may be served at any place within the jurisdiction of American Samoa.
(3) Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant’s last known address if known.
(4) Return. The officer executing a warrant shall make return thereof to the district court judge before whom the defendant is brought pursuant to 5 TCRCrP. At the request of the attorney for the government any unexecuted warrant shall be returned to the district court judge by whom it was issued and shall be canceled by him. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the district court judge before whom the summons is returnable. At the request of the attorney for the government made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the district court judge to the marshal or other authorized person for execution or service.