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Arkansas Code of 1987 (2023)
Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206)
Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102)
Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911)
Subchapter 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111)
Section 16-93-106 - Warrantless search by any law enforcement officer of probationer, parolee, or person on post-release supervision

Universal Citation:
AR Code § 16-93-106 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  • (a)
    • (1) A person who is placed on supervised probation or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, parole, or post-release supervision that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his or her control or possession, at any time, day or night, whenever requested by the certified law enforcement officer or division officer.
    • (2) A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense.
  • (b)
    • (1) A person who will be placed on supervised probation, parole, or post-release supervision and is required to agree to the waiver required by this section shall acknowledge and sign the waiver.
    • (2) If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation, parole, or post-release supervision.
  • (c) As used in this section, "residence" includes a garage or outbuilding on the property of a residence.

Amended by Act 2023, No. 659,§ 154, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 153, eff. 1/1/2024.

Amended by Act 2019, No. 136,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 895,§ 19, eff. 4/1/2015.

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