§ 4.14.2 Preliminary Proceedings - Rules 2-5.
Rule 2.4 - Duty of Magistrate Upon Filing of Complaint. On review of a trial court’s finding of sufficient probable cause to support a magistrate’s issuance of an arrest warrant, an appellate court will defer to the trial court’s decision in the absence of a clear abuse of discretion. State v. Atwood, 171 Ariz. 576, 614-15, 832 P.2d 593, 631-32 (1992), disapproved on other grounds by State v. Nordstrom, 200 Ariz. 229, 241, ¶ 25, 25 P.3d 717, 729 (2001). See also Kuhn v. Smith, 154 Ariz. 24, 27, 739 P.2d 1341, 1344 (App. 1987) (superior court correctly found that magistrate abused his discretion in finding probable cause for arrest; when complaint is filed without showing of probable cause, prejudice is presumed).
Rule 5.1 - Right To Preliminary Hearing; Waiver; Postponement. Whether Arizona statutes and rules, and constitutional due process, require...
