46.0804 Warrant of arrest and commitment-Form.

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(a) A warrant of arrest and commitment is an order in writing, in the name of the government, signed by the Chief Justice, Associate Justice or an Associate or District Court Judge, commanding the arrest of the defendant by the Chief of Police or any other police officer of American Samoa. The warrant must specify the offense charged and the name of the defendant. If the defendant’s name is unknown to the official issuing the warrant, the defendant may be designated therein by any name.

(b) The affidavit of the complainant or prosecutor shall be upon, or attached to, the warrant.

(c) If the offense is bailable, the warrant shall so provide, stating the amount of bail which may be posted, designating the particular court before which the defendant is to appear, and specifying that appearance is to be made at the next sitting of the court.

(d) The warrant may be in substantially the following form:


American Samoa

The Government of American Samoa to the Chief of Police or any other police officer of American Samoa:

Information on oath having been this day laid before me by________________, that the crime of________________ has been committed, and accusing_________________thereof, you are hereby commanded forthwith to arrest the above named___________________, and to commit him to prison to answer said charge, unless he shall give bail in the sum of $____________, to appear at the next sitting of the_____________________ (Name of court).

Dated this____day of, 20___ Signed:


Chief Justice of American Samoa

Associate Justice of American Samoa

Associate Judge of American Samoa

District Court Judge of American Samoa

(Cross out three of above)

History: 1962, PL 7-36, 2008, PL 30-22.