If a person is arrested in a county other than the one from which the warrant was issued, the peace officer must transport the person immediately to the magistrate who issued the warrant.

• A. True
• B. False
• C. The magistrate must be in the arresting county
• D. The arresting officer may hold the arrestee until the next court session

Answer: (B)

The important idea is that an arrest warrant gives authority to arrest, but the arrestee must be brought before a magistrate promptly, not necessarily to the issuing magistrate in another county. If the arrest happens in a county different from where the warrant was issued, the officer isn’t required to transport the person immediately to that issuing magistrate. Instead, the arrestee should be brought before a magistrate with jurisdiction without unnecessary delay—typically in the county of arrest—to review probable cause, address bail, and schedule the next steps. Holding the arrestee until the next court session isn’t allowed, and insisting on the issuing magistrate in a different county is not required.