§ 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 […]
§ 16-81-102. 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 […]