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ARS 13-3916: Service of warrant

ARS 13-3916: Service of warrant

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

The complete text of A.R.S. § 13-3916 on service of warrant, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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Full Text of A.R.S. § 13-3916

A.R.S. § 13-3916 is the Arizona statute on service of warrant. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.

A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.

B. An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when:

1. After notice of the officer’s authority and purpose, the officer receives no response within a reasonable time.

2. After notice of the officer’s authority and purpose, the officer is refused admittance.

3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.

4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer’s authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.

C. A peace officer executing a search warrant may seize any property discovered in the course of the execution of the warrant if the officer has reasonable cause to believe that the item is subject to seizure under section 13-3912, even if the property is not enumerated in the warrant.

D. A peace officer executing a search warrant may make or cause to be made photographs, measurements, impressions or scientific tests.

E. A peace officer executing a search warrant directing a search of any premises or a vehicle may search any person in the premises or vehicle if either of the following applies:

1. It is reasonably necessary to protect himself or others from the use of any weapon that may be concealed upon the person.

2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.

Source: Arizona Revised Statutes § 13-3916, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

How § 13-3916 Affects an Arizona Case

§ 13-3916 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 13-3916?

A.R.S. § 13-3916 is the Arizona statute on service of warrant. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.

Where can I read the official text of § 13-3916?

The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.

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