US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 16-81-102. Persons not subject to arrest

(a) (1) The members of the Senate and House of Representatives and the clerks, sergeants-at-arms, and doorkeepers of each branch of the General Assembly shall be privileged from arrest during the session of the General Assembly and for fifteen (15) days before the commencement and after the termination of each session. (2) If any person […]

§ 16-81-104. Warrant of arrest generally

(a) (1) (A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate. (B) A warrant of arrest may be executed by any law enforcement officer. (2) It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant for the arrest […]

§ 16-81-106. Authority to arrest — Definition

(a) An arrest may be made by a certified law enforcement officer or by a private person. (b) A certified law enforcement officer may make an arrest: (1) In obedience to a warrant of arrest delivered to him or her; and (2) (A) Without a warrant, where a public offense is committed in his or […]

§ 16-81-107. Procedures of arrest

(a) An arrest is made by placing the person of the defendant in restraint or by his or her submitting to the custody of the person making the arrest. (b) No unnecessary force or violence shall be used in making the arrest. (c) To make an arrest, a law enforcement officer may break open the […]

§ 16-81-108. Arrest on certain private property permitted

State and local police are authorized to enter upon the parking areas of private business establishments and to discover, investigate, and effect the arrest of persons thereon violating any state or local law to the same extent as if the person or persons were upon the public streets or highways.

§ 16-81-109. Bail

(a) (1) When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest. (2) If the offense charged is a misdemeanor, the person arrested may immediately give bail for appearing on […]

§ 16-81-110. Return on the warrant

(a) (1) The sheriff or officer who has executed a warrant of arrest shall make a written return on the warrant of the time and manner of executing it and deliver the warrant to the judge or magistrate before whom the defendant is brought. (2) If bail is given as provided in § 16-81-109(a)(2), the […]

§ 16-81-112. Escape of prisoner

(a) If the defendant escapes or is rescued after an arrest, the person in whose custody he or she was may immediately pursue and recapture him or her in any part of the state. (b) (1) If any person charged with or convicted of a felony within this state breaks prison, escapes, flees from justice, […]

§ 16-81-113. Warrantless arrest for domestic abuse — Definitions

(a) (1) (A) Except as provided in subdivision (a)(3) of this section, when a law enforcement officer has probable cause to believe a person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined in subdivision (b)(1) of this section against a family or household […]

§ 16-81-114. Warrantless arrest for gas theft

(a) Any person who pumps fuel into a vehicle or container, which fuel is the property of a retail business entity that engages in the sale of fuel, and then leaves the premises with the fuel and without paying for the fuel shall be subject to arrest during the four (4) hours following the event, […]

§ 16-81-115. Certified law enforcement officers from adjoining states

(a) A certified law enforcement officer from an adjoining state who is in Arkansas shall have the authorization to act as described in subsection (b) of this section if the officer is: (1) Regularly assigned to duty in a municipality that is within one (1) mile of an Arkansas border; (2) On duty in his […]

§ 16-81-116. Warrantless arrest for violation of interference with emergency communication in the first degree, § 5-60-124, or interference with emergency communication in the second degree, § 5-60-125

If a law enforcement officer has probable cause to believe a person has violated § 5-60-124 or § 5-60-125, the officer may arrest the person without a warrant even if the incident did not take place in the presence of the officer if the officer has probable cause to believe the person has violated the […]

§ 16-81-117. Interpreters for deaf persons who are arrested

(a) If a person who is deaf is arrested for a criminal offense and taken into custody, the arresting law enforcement officer and his or her superiors shall procure a qualified interpreter in order to properly interrogate the deaf person and to interpret the person’s statement. (b) If a qualified interpreter is not present when […]

§ 16-81-118. Citation and arrest by a school resource officer — Definition

(a) As used in this section, “school resource officer” means a school resource officer as described under § 6-10-128. (b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource […]