Proposed probation violation summons or warrant
Alleged violations of pretrial conditions of release are subject to arrest by the police if the violation is the allegation of a new criminal act for which the police have a right of arrest, by a probation officer on a warrant for temporary custody pursuant to G.L. c. 279, § 3, ¶ 3,
The warrant clause spells out one test of reasonableness, whether the search or seizure occur red under a warrant issued upon probable cause. Probable Cause Probable cause exists if a reasonable person would conclude from the facts and circumstances that a crime occurred or that evidence of a crime is located at the place to be searched. Header Search Text Input Submit Search Close Search. Learning Center
23A-2-8 (Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw. 23A-2-9 (Rule 4(d)(3)) Warrant executed by arrest--Advice to defendant as to warrant--Manner of service of summons. 23A-2-10 Time of execution of warrant. 23A-2-11 Service of summons on corporate defendant.If the probation officer notifies the Court that the defendant has allegedly violated the terms of the defendant's probation, the Court will set a probation hearing. At the first appearance on a probation violation, the defendant is advised of his/her rights and either admits or denies the alleged violation of probation.