Title 16 — Practice, Procedure, And Courts

A.C.A. § 16-81-101Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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 an…

When a judge or magistrate is satisfied that a felony has been committed, he or she shall have power to summon before him or her any persons he or she may think proper and examine them on oath concerning it to enable him or her to ascertain the offender and to issue a warrant for…

(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…

Any law enforcement officer to whom any criminal summons or warrant of arrest is directed may serve or execute it in any county in the state.

(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 i…

(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 brea…

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 str…

(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 b…

(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 § 16-8…

A.C.A. § 16-81-111Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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, fl…

(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…

(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 foll…

(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 bord…

(1) 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 t…

(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…

(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…

(1) The following are among the factors to be considered in determining if the officer has grounds to reasonably suspect:(1) The demeanor of the suspect;(2) The gait and manner of the suspect;(3) Any knowledge the officer may have of the suspect's background or character;(4) Whet…

Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed to have committed a felony in this state or has committed or attempted to commit any criminal offense in this state in the presence of the officer, or for whom the officer holds a wa…

If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a judge or magistrate of the county wherein …

(a) (1) The term “fresh pursuit” as used in this subchapter shall include:(A) Fresh pursuit as defined by the common law; and(B) The pursuit of a person:(i) Who has committed a felony or is reasonably suspected of having committed a felony in this state;(ii) Who has committed or …

Section 16-81-301 shall not make unlawful an arrest which would otherwise be lawful.

This subchapter may be cited as the “Uniform Act on Intrastate Fresh Pursuit.”

This subchapter may be called the “Uniform Act on Interstate Fresh Pursuit.”

The purpose of this subchapter is to prevent criminals from utilizing state lines to handicap our police in their apprehension.

(1) As used in this subchapter the terms:(1) “Fresh pursuit” shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence o…

Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have …

If an arrest is made in this state by an officer of another state in accordance with the provisions of § 16-81-404, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purp…

Section 16-81-404 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

Upon the passage and approval by the Governor of this subchapter, it shall be the duty of the Secretary of State to certify a copy of this subchapter to the executive department of each of the states of the United States.