Can a defendant obtain an arrest warrant without the consent of the District Attorney?

California, United States of America


The following excerpt is from People v. Case, 105 Cal.App.3d 826, 164 Cal.Rptr. 662 (Cal. App. 1980):

Defendant here seeks to rely in some degree on our decision in People v. Municipal Court, 27 Cal.App.3d 193, 103 Cal.Rptr. 645, in arguing the necessity of the district attorney instituting criminal proceedings against the defendant before a warrant of arrest can issue.

Page 666

The primary objective of our opinion in People v. Municipal Court, supra, was to prevent the initiation of criminal proceedings by private citizens without the concurrence of the prosecuting authority that had the ultimate responsibility for prosecuting actions in the name of the People. That opinion in no way detracts from the ability of police officers the only group empowered to execute arrest warrants to seek arrest warrants from magistrates. Further, it is clear that the "Ramey Warrant" procedure has the concurrence of the district attorney.

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