4.2.1

• Jurisdiction: Arizona

§ 4.2.1 Miscellaneous

1. Procedures Before Issuance. “Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Before issuing the warrant, the magistrate may also examine any other sworn affidavit submitted to him that sets forth facts tending to establish probable cause for the issuance of the warrant.” A.R.S. § 13-3914(A). “The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.” A.R.S. § 13-3914(B). “In lieu of, or in addition to, a written affidavit, or affidavits, as provided [above], the magistrate may take an oral statement under oath which...