[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.300]



[Page 24-25]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                      Subpart C_Criminal Procedure

 

Sec.  11.300  Complaints.





    (a) A complaint is a written statement of the essential facts 

charging that a named individual(s) has committed a particular offense. 

All criminal prosecutions shall be initiated by a complaint filed with 

the court by a law enforcement officer and sworn to by a



[[Page 25]]



person having personal knowledge of the offense.

    (b) Complaints shall contain:

    (1) The signature of the complaining witness, or witnesses, sworn 

before a magistrate, a court clerk, a prosecutor, or any law enforcement 

officer.

    (2) A written statement by the complaining witness or witnesses 

having personal knowledge of the violation, describing in ordinary 

language the nature of the offense committed including the time and 

place as nearly as may be ascertained.

    (3) The name or description of the person alleged to have committed 

the offense.

    (4) A description of the offense charged and the section of the code 

allegedly violated.

    (c) Complaints must be submitted without unnecessary delay by a law 

enforcement officer to the prosecutor and, if he or she approves, to a 

judge to determine whether an arrest warrant or summons should be 

issued.

    (d) When an accused has been arrested without a warrant, a complaint 

shall be filed forthwith with the court for review as to whether 

probable cause exists to hold the accused, and in no instance shall a 

complaint be filed later than at the time of arraignment.