2020 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
(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 of a person charged with the commission of an offense when, from his or her personal knowledge or from information given him or her on oath, the circuit court judge, district court judge, or magistrate is satisfied that there are reasonable grounds for believing the charge.
(3)
(A) The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense.
(B) Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law.
(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.”
