§ 9-14-9.When warrant for arrest of person detained to be issued along with writ

An ordinary writ of habeas corpus commands the respondent to produce the detained person on a future date. That gap between issuing the writ and the return date creates an opening: a respondent bent on evading the writ could move or hide the person before the hearing. This section closes that gap for petitioners who have reason to worry about it.

The mechanism requires an affidavit from the applicant stating a reasonable apprehension that the person holding the detainee will remove them beyond the county or conceal them from law enforcement. Once that affidavit is filed alongside the petition, the judge who grants the writ also issues a warrant — directed to the sheriff, a deputy sheriff, the coroner, or any lawful constable of the county — ordering that officer to search for and arrest the detained person’s body and bring them before the judge.

This warrant runs alongside the writ rather than replacing it. The writ still commands the respondent’s own appearance and production of the person; the warrant gives law enforcement independent authority to locate and secure the detained person directly, so the case does not depend entirely on the respondent’s cooperation.