§ 16-81-107 — Procedures of arrest

Arkansas § 16-81-107

• Jurisdiction: Arkansas
• Title: 16

Text

(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 door of a house in which the defendant may be after having demanded admittance and explained the purpose for which admittance is desired. (d) A law enforcement officer making an arrest may summon orally as many persons as he or she deems necessary to aid him or her in making the arrest, and all persons failing without reasonable excuse to obey the summons shall be guilty of Class C misdemeanors. (e) The person making the arrest shall: (1) Inform the person about to be arrested of the intention to arrest him or her and the offense for which he or she is to be arrested; and (2) If acting under a warrant of arrest, give information of the warrant and show the warrant if required. (f) The law enforcement officer making an arrest in obedience to a warrant shall proceed with the defendant as directed by the warrant.

Legislative History

Crim. Code, §§ 36-40, 42; C. & M. Dig., §§ 2907-2912; Pope's Dig., §§ 3723-3728; A.S.A. 1947, §§ 43-412 -- 43-414, 43-415 -- 43-417; Acts 2005, No. 1994, § 412.