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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 81 - Citation and Arrest
Subchapter 1 - General Provisions
§ 16-81-104. Warrant of arrest generally
Universal Citation: AR Code § 16-81-104 (2017)
- (a) (1) (A) A warrant of arrest may be issued by any circuit judge, district judge, or city judge or magistrate.
- (B) A warrant of arrest may be executed by any law enforcement officer.
- (2) It shall be the duty of a judge or magistrate to issue a warrant for the arrest of a person charged with the commission of a public offense when, from his or her personal knowledge or from information given him or her on oath, the judge or magistrate shall be satisfied that there are reasonable grounds for believing the charge.
- (3) The prosecuting attorney of every district in this state shall have authority, whenever he or she believes any person has committed a crime in any county in the district for which he or she is elected, to file before any circuit judge, district judge, or city judge or magistrate within the county in which he or she believes the crime has been committed a written information, under oath, charging the person in due form of law with the commission of the crime, whereupon the justice shall issue his or her warrant for the arrest of the offender and have the offender brought before him or her to be dealt with according to law.
- (B) A warrant of arrest may be executed by any law enforcement officer.
- (b) A warrant of arrest, in general terms, shall name or describe the offense charged to have been committed and the county in which it was committed. The warrant shall command the officer to whom it is directed to arrest the person named therein as the offender and bring him or her before some judge or magistrate of the county in which the offense was committed, to be dealt with according to law. It may be substantially in the following form, varying the terms to suit the case:
"The State of Arkansas.
To any law enforcement officer of the State of Arkansas:
It appearing that there are reasonable grounds for believing that A. B. has committed the offense of larceny in the County of Pulaski, you are therefor commanded, forthwith, to arrest A. B., and bring him before some judge or magistrate of Pulaski County, to be dealt with according to law.
Given under my hand the _____ day of _____, 20_____ .
C.D.
Judge or Magistrate,
Summon as witnesses E. F. and J. K."
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