When an arrest is made by a peace officer or a private person without a warrant, the person arrested without unnecessary delay must be taken:
1. Before the nearest or most accessible magistrate in the county where the arrest is made; or 2. If there is no magistrate in said county qualified to act, then before the nearest or most accessible magistrate authorized to act for the county where the arrest is made. A complaint stating the charge against the person arrested must be made before such magistrate, as is provided in rule 5 of the North Dakota Rules of Criminal Procedure.