US Lawyer Database

§ 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 […]

§ 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 […]