§ 1348.Issuance of Warrant to Prevent Removal From Jurisdiction

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1348 lets a court issue an emergency warrant directing the sheriff or a constable to seize and bring in an illegally restrained person when there's good reason to believe the person will be moved out of the jurisdiction or will suffer irreparable injury before the writ can be enforced.

Full Text of § 1348

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Whenever it shall appear by affidavit that anyone is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause a warrant to be issued, reciting the facts, and directed to the sheriff or any constable of the county, commanding him to take the person thus held in custody or restraint, and forthwith bring him before the court or judge, to be dealt with according to law.

End

Amendment History

R.L. 1910, § 4899.

Plain-English Summary

Section 1348 addresses a fear that ordinary habeas corpus process moves too slowly. When an affidavit shows someone is illegally held, and there's good reason to think that person will be carried out of the court's jurisdiction, or will suffer irreparable injury before the writ can be enforced, the court or judge can act faster.

The court may issue a warrant reciting the facts and directing the sheriff or any constable of the county to take the person into custody immediately and bring them before the court or judge to be dealt with according to law.

Frequently Asked Questions

What triggers this emergency warrant?

An affidavit showing the person is illegally held, plus good reason to believe they'll be taken out of the jurisdiction or will suffer irreparable injury before the writ can be enforced.

Who can the warrant be directed to?

The sheriff or any constable of the county.

What must be done with someone taken under this warrant?

Bring them before the court or judge forthwith, to be dealt with according to law.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: emergency habeas corpus warrant oklahomaprevent removal from jurisdiction habeas corpusirreparable injury habeas corpus warrant