When may a magistrate issue a summons?

• A. Anytime that he or she may issue a warrant of arrest
• B. Only during business hours
• C. Only after a judge's approval
• D. Only if there is probable cause

Answer: (A)

A magistrate’s power to issue a summons is tied to the same authority that allows issuing an arrest warrant: the ability to bring a person before the court when there is probable cause to believe a crime has occurred. Because of that, a magistrate can issue a summons at any time when they could issue an arrest warrant. A summons is simply a court command to appear, used when immediate custody isn't required, so it follows the same standard and timing as a warrant rather than being confined to business hours or requiring additional judge approval.