If no warrant and the apprehension takes place beyond one mile of the officer's jurisdiction and not in an adjoining jurisdiction, the officer must bring the arrestee to which magistrate?

• A. bring to magistrate where the arrest occurred
• B. bring to magistrate where the warrant came from
• C. bring to magistrate in the officer's own jurisdiction
• D. release the arrestee

Answer: (A)

When someone is arrested without a warrant, the arrestee must be brought before a magistrate who has jurisdiction where the arrest occurred. This keeps the process within the proper territorial authority and allows prompt review of probable cause, protecting the arrestee’s rights. Since the arrest happened beyond the officer’s jurisdiction and not in an adjoining one, bringing the arrestee to a magistrate in the officer’s own jurisdiction would exceed the magistrate’s authority. There is no warrant involved to shift authority, and releasing the arrestee would only be appropriate if there were no probable cause or other lawful basis. So the correct magistrate is the one in the jurisdiction where the arrest occurred.