RULES OF CRIMINAL PROCEDURE

Question 1

These rules shall govern the proceedings in all criminal cases in the Supreme Court and in circuit courts of the State of Arkansas. They shall also apply in all other courts where their application is practicable or constitutionally required.
TRUE OR FALSE

Answer 1

TRUE
Rules 1.2

Question 2

These rules are intended to provide for a just, speedy determination of every criminal proceeding.

TRUE or FALSE

Answer 2

True

Question 3

“Law enforcement officer” and “officer” mean any person vested by law with a duty to maintain public order or to make arrests for offenses.

Answer 3

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Question 4

A law enforcement officer acting under the authority of Rule 3.1 may use such nondeadly force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5.

Answer 4

USE OF FORCE RULE 3.1

Question 5

If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.

Answer 5

SEARCH OF WEAPONS
RULE 3.4

Question 6

Whenever a law enforcement officer has __________________ to believe that any person found at or near the scene of a felony is a witness to the offense, he may stop that person. After having identified himself, the officer must advise the person of the purpose of the stopping and may then demand of him his name, address, and any information he may have regarding the offense.
a) Reasonable Cause
b) Reasonable Belief
c) Belief

Answer 6

REASONABLE CAUSE

Question 7

A law enforcement officer may arrest a person without a warrant if?_________________________________________________

Answer 7

a) the officer has reasonable cause to believe that such person has committed a felony;

b) the officer has reasonable cause to believe that such person has committed a traffic offense involving:

c) death or physical injury to a person; or damage to property; or
driving a vehicle while under the influence of any intoxicating liquor or drug;

d) all of the above

Question 8

A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a felony.

TRUE or FALSE

Answer 8

TRUE

Question 9

An arrest shall be deemed to have been made on insufficient cause hereunder solely on the ground that the officer or private citizen is unable to determine the particular offense which may have been committed.

TRUE or FALSE

Answer 9

FALSE

Question 10

A person arrested without a warrant shall not be held in custody unless a judicial officer determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense

TRUE OR FALSE

Answer 10

TRUE

Question 11

Such reasonable cause determination shall be made promptly, but in no event longer than ________hours from the time of arrest, unless the prosecuting attorney demonstrates that a bona fide emergency or other extraordinary circumstance justifies a delay longer than _______?

A) 22 HOURS
B) 40 HOURS
C) 48 HOURS
D) 15 HOURS

Answer 11

48 HOURS

Question 12

Any law enforcement officer _________ arrest a person pursuant to a warrant in any county in the state.
A) may
B) will
C) Shall
D) may

Answer 12

d) MAY

Question 13

ARREST PURSUANT TO WARRANT

A law enforcement officer need not have a warrant in his possession at the time of an arrest, but upon request he shall show the warrant to the accused as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform the accused of the fact that the warrant has been issued.

Answer 13

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Question 14

Upon making an arrest, a law enforcement officer shall:

(a) identify himself as such unless his identity is otherwise apparent;

(b) inform the arrested person that he is under arrest; and

(c) as promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest.

(d) all except c

(e) all of the above

Answer 14

e) all of the above

Question 15

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a jail, police station, or other similar place. The arresting officer may, however, first take the person to some other place, if:

(a) the person so requests; or

(b) such action is reasonably necessary for the purpose of having the person identified:

(c) by a person who is otherwise unlikely to be able to make the identification; or; by a person near the place of the arrest or near the scene of a recently committed offense.

(d0 all of the above

Answer 15

d) all of the above

Question 16

If a law enforcement officer acting pursuant to this rule requests any person to come to or remain at a police station, prosecuting attorney’s office or other similar place, he shall take such steps as are reasonable to make clear that there is no legal obligation to comply with such a request.

Answer 16

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Question 17

“Reasonable suspicion” means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion; that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion.

Answer 17

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Question 18

A law enforcement officer may request any person to furnish information or otherwise cooperate in the investigation or prevention of crime. The officer may request the person to respond to questions, to appear at a police station, or to comply with any other reasonable request.

In making a request pursuant to this rule, no law enforcement officer shall indicate that a person is legally obligated to furnish information or to otherwise cooperate if no such legal obligation exists. Compliance with the request for information or other cooperation hereunder shall not be regarded as involuntary or coerced solely on the ground that such a request was made by a law enforcement officer.

Answer 18

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Question 19

A law enforcement officer acting under the authority of Rule 3.1 may use such nondeadly force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5.

Answer 19

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Question 20

If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.

Answer 20

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Question 21

A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause.

Answer 21

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Question 22

Rule 5.1. Definitions.
For the purposes of this Article, unless the context otherwise plainly requires:

(a) “Citation” means a written order, issued by a law enforcement officer who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

(b) “Summons” means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time.

(c) “Order to appear” means an order issued by a judicial officer at or after the defendant’s first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times.

(d) “Release on own recognizance” means the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as “personal recognizance.”

(e) “Release on bail” means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property.

(f) “First appearance” means the first proceeding at which a defendant appears before a judicial officer.

Answer 22

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Question 23

Rule 5.2. Authority to Issue Citations.
(a) A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that a person has committed any misdemeanor may issue a citation in lieu of arrest or continued custody.

(b) When a person is arrested for any misdemeanor, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody.

(c) Upon the recommendation of a prosecuting attorney, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody when the person has been arrested for a felony.

(d) In determining whether to continue custody or issue a citation under (a) or (b) above, the officer shall inquire into and consider facts about the accused, including but not limited to:

(i) place and length of residence;

(ii) family relationships;

(iii) references;

(iv) present and past employment;

(v) criminal record; and

(vi) other relevant facts such as:

Answer 23

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Question 24

Every citation issued to a person shall:

(i) be in writing;

(ii) state the name of the officer issuing it with the title of his office;

(iii) state the date of issuance and the municipality or county where issued;

(iv) specify the name of the accused and the offense alleged;

(v) designate a time, place, and court for the appearance of the accused; and

(vi) except in case of an electronic citation, provide a space for the signature of the accused acknowledging his promise to appear.

Answer 24

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Question 25

Upon making an arrest, a law enforcement officer shall

(a) identify himself as such unless his identity is otherwise apparent;

(b) inform the arrested person that he is under arrest; and

(c) as promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest.

Answer 25

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Question 26

Limitations on Questioning.
No law enforcement officer shall question an arrested person if the person has indicated in any manner that he does not wish to be questioned, or that he wishes to consult counsel before submitting to any questioning.

Answer 26

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Question 27

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a jail, police station, or other similar place. The arresting officer may, however, first take the person to some other place, if:

(a) the person so requests; or

(b) such action is reasonably necessary for the purpose of having the person identified:

(i) by a person who is otherwise unlikely to be able to make the identification; or

(ii) by a person near the place of the arrest or near the scene of a recently committed offense.

Answer 27

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Question 28

Recording Custodial Interrogations.
(a) Whenever practical, a custodial interrogation at a jail, police station, or other similar place, should be electronically recorded.

(b)(1) In determining the admissibility of any custodial statement, the court may consider, together with all other relevant evidence and consistent with existing law, whether an electronic recording was made; if not, why not; and whether any recording is substantially accurate and not intentionally altered.

(2) The lack of a recording shall not be considered in determining the admissibility of a custodial statement in the following circumstances:

(A) a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing,

(B) a statement made during a custodial interrogation that was not recorded because electronic recording was not practical,

(C) a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness,

(D) a spontaneous statement that is not made in response to a question,

(E) a statement made after questioning that is routinely asked during the processing of the arrest of the suspect,

(F) a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator’s questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator’s question, only if a recording is not made of the statement, or

(G) a statement made during a custodial interrogation that is conducted out-of-state.

(3) Nothing in this rule precludes the admission of a statement that is used only for impeachment and not as substantive evidence.

Answer 28

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Question 29

In making a request pursuant to this rule, no law enforcement officer shall indicate that a person is legally obligated to furnish information or to otherwise cooperate if no such legal obligation exists. Compliance with the request for information or other cooperation hereunder shall not be regarded as involuntary or coerced solely on the ground that such a request was made by a law enforcement officer.

Answer 29

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Question 30

A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer’s presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint, or arrested and charged with an offense.

Answer 30

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Question 31

**A law enforcement officer who has detained a person under Rule 3.1 shall immediately advise that person of his official identity and the reason for the detention.

true or false

Answer 31

TRUE

Question 32

If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.

Answer 32

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Question 33

Rule 4.1. Authority to Arrest Without Warrant.
(a) A law enforcement officer may arrest a person without a warrant if:

(i) the officer has reasonable cause to believe that such person has committed a felony;

(ii) the officer has reasonable cause to believe that such person has committed a traffic offense involving:

(A) death or physical injury to a person; or

(B) damage to property; or

(C) driving a vehicle while under the influence of any intoxicating liquor or drug;

(iii) the officer has reasonable cause to believe that such person has committed any violation of law in the officer’s presence;

(iv) the officer has reasonable cause to believe that such person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined by law against a family or household member and which occurred within four (4) hours preceding the arrest if no physical injury was involved or 12 (twelve) hours preceding the arrest if physical injury, as defined in Ark. Code Ann. § 5-1-102, was involved;

(v) the officer is otherwise authorized by law.

Answer 33

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Question 34

Stop of Witness to Crime.
Whenever a law enforcement officer has reasonable cause to believe that any person found at or near the scene of a felony is a witness to the offense, he may stop that person. After having identified himself, the officer must advise the person of the purpose of the stopping and may then demand of him his name, address, and any information he may have regarding the offense. Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes unless the person shall refuse to give such information, in which case the person, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his name, address, or the information he may have regarding the offense.

Answer 34

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Question 35

How many hours do you have to make a a domestic arrest (w/ injures)
a) 14
b)10
c) 4
d)12

Answer 35

d) 12 hours

Question 37

(d) A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause.

Answer 37

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Question 38

Limitations on Questioning.
No law enforcement officer shall question an arrested person if the person has indicated in any manner that he does not wish to be questioned, or that he wishes to consult counsel before submitting to any questioning.

Answer 38

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Question 39

Authority to Issue Citations.
(a) A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that a person has committed any misdemeanor may issue a citation in lieu of arrest or continued custody.

Answer 39

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Question 40

Procedure for Issuing Citations.
(a) In issuing a citation the officer shall deliver one (1) copy of the citation to the accused.

Answer 40

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Question 41

“Reasonable cause to believe” means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements.

Answer 41

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Question 42

“Seizure” means the taking of any person or thing or the obtaining of information by an officer pursuant to a search or under other color of authority.

Answer 42

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Question 43

Unless prohibited by other express provision, the following are subject to seizure:

(i) evidence of or other information except privileged information concerning the commission of a criminal offense or other violation of law;

(ii) contraband, the fruits of crime, or things possessed in violation of the laws of this state;

(iii) weapons or other things used or likely to be used as means of committing a criminal offense; and

(iv) an individual for whose arrest there is reasonable cause, or who is unlawfully held in confinement or other restraint.

Answer 43

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Question 44

Search and Seizure by Consent
Rule 11.1. Authority to Search and Seize Pursuant to Consent.
(a) An officer may conduct searches and make seizures without a search warrant or other color of authority if consent is given to the search.

Answer 44

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Question 45

The state has the burden of proving by clear and positive evidence that consent to a search was freely and voluntarily given and that there was no actual or implied duress or coercion.

Answer 45

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Question 46

A search of a dwelling based on consent shall not be valid under this rule unless the person giving the consent was advised of the right to refuse consent. For purposes of this subsection, a “dwelling” means a building or other structure where any person lives or which is customarily used for overnight accommodation of persons. Each unit of a structure divided into separately occupied units is itself a dwelling.

Answer 46

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Question 47

Persons from Whom Effective Consent May Be Obtained.
The consent justifying a search and seizure can only be given, in the case of:

(a) search of an individual’s person, by the individual in question or, if the person is under fourteen (14) years of age, by both the individual and his parent, guardian, or a person in loco parentis;

(b) search of a vehicle, by the person registered as its owner or in apparent control of its operation or contents at the time consent is given; and

(c) search of premises, by a person who, by ownership or otherwise, is apparently entitled to give or withhold consent.

Answer 47

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Question 48

A search based on consent shall not exceed, in duration or physical scope, the limits of the consent given.

Answer 48

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Question 49

Items Seized: Receipt.
After making a seizure, the officer shall make a list of the things seized, and shall deliver a receipt fairly describing the things seized to the person consenting to the search.

Answer 49

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Question 50

Withdrawal or Limitation of Consent.
A consent given may be withdrawn or limited at any time prior to the completion of the search, and if so withdrawn or limited, the search under authority of the consent shall cease, or be restricted to the new limits, as the case may be. Things discovered and subject to seizure prior to such withdrawal or limitation of consent shall remain subject to seizure despite such change or termination of the consent.

Answer 50

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Question 51

ermissible Purposes.
An officer who is making a lawful arrest may, without a search warrant, conduct a search of the person or property of the accused for the following purposes only:

(a) to protect the officer, the accused, or others;

(b)to prevent the escape of the accused;

(c) to furnish appropriate custodial care if the accused is jailed; or

(d) to obtain evidence of the commission of the offense for which the accused has been arrested or to seize contraband, the fruits of crime, or other things criminally possessed or used in conjunction with the offense.

Answer 51

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Question 52

Search of the Person: Permissible Scope.
An officer making an arrest and the authorized officials at the police station or other place of detention to which the accused is brought may conduct a search of the accused’s garments and personal effects ready to hand, the surface of his body, and the area within his immediate control.

Answer 52

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Question 53

Search of the Person: Search of Body Cavities.
(a) Search of an accused’s blood stream, body cavities, and subcutaneous tissues conducted incidental to an arrest may be made only:

(i) if there is a strong probability that it will disclose things subject to seizure and related to the offense for which the individual was arrested; and

(ii) if it reasonably appears that the delay consequent upon procurement of a search warrant would probably result in the disappearance or destruction of the objects of the search; and

(iii) if it reasonably appears that the search is otherwise reasonable under the circumstances of the case, including the seriousness of the offense and the nature of the invasion of the individual’s person.

(b) Any search pursuant to this rule shall be conducted by a physician or a licensed nurse.

Answer 53

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Question 54

a) If, at the time of the arrest, the accused is in a vehicle or in the immediate vicinity of a vehicle of which he is in apparent control, and if the circumstances of the arrest justify a reasonable belief on the part of the arresting officer that the vehicle contains things which are connected with the offense for which the arrest is made, the arresting officer may search the vehicle for such things and seize any things subject to seizure and discovered in the course of the search.

(b) The search of a vehicle pursuant to this rule shall only be made contemporaneously with the arrest or as soon thereafter as is reasonably practicable

Answer 54

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Question 55

) If at the time of the arrest:

(i) the accused is in or on premises all or part of which he is apparently entitled to occupy; and

(ii) in view of the circumstances the officer has reason to believe that such premises or part thereof contain things which are:

(A) subject to seizure; and

(B) connected with the offense for which the arrest is made; and

(C) likely to be removed or destroyed before a search warrant can be obtained and served;

the arresting officer may search such premises or part thereof for such things, and seize any things subject to seizure.

Answer 55

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Question 56

Search of premises pursuant to subsection (a) shall only be made contemporaneously with the arrest, and search of building interiors shall only be made consequent upon an entry into the building made in order to effect an arrest therein. In determining the necessity for and scope of the search to be undertaken, the officer shall take into account, among other things, the nature of the offense for which the arrest is made, the behavior of the individual arrested and others on the premises, the size and other characteristics of the things to be searched for, and whether or not any such things are observed while making the arrest.

Answer 56

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Question 57

Custodial Taking of Property Pursuant to Arrest; Vehicles.
(a) Things not subject to seizure which are found in the course of a search of the person of an accused may be taken from his possession if reasonably necessary for custodial purposes. Documents or other records may be read or otherwise examined only to the extent necessary for such purposes, including identity checking and ensuring the physical well-being of the person arrested. Disposition of things so taken shall be made in accordance with Rule 15 hereof.

(b) A vehicle impounded in consequence of an arrest, or retained in official custody for other good cause, may be searched at such times and to such extent as is reasonably necessary for safekeeping of the vehicle and its contents.

Answer 57

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Question 58

A search warrant may be issued only by a judicial officer.

Answer 58

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Question 59

If a search warrant is not executed, the officer shall return the warrant to the issuing judicial officer within a reasonable time, not to exceed sixty (60) days from the date of issuance, together with a report of the reasons why it was not executed.

Answer 59

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Question 60

Vehicular Searches.
(a) An officer who has reasonable cause to believe that a moving or readily movable vehicle is or contains things subject to seizure may, without a search warrant, stop, detain, and search the vehicle and may seize things subject to seizure discovered in the course of the search where the vehicle is:

(i) on a public way or waters or other area open to the public;

(ii) in a private area unlawfully entered by the vehicle; or

(iii) in a private area lawfully entered by the vehicle, provided that exigent circumstances require immediate detention, search, and seizure to prevent destruction or removal of the things subject to seizure.

Answer 60

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Question 61

If the officer does not find the things subject to seizure by his search of the vehicle, and if:

(i) the things subject to seizure are of such a size and nature that they could be concealed on the person; and

(ii) the officer has reason to suspect that one (1) or more of the occupants of the vehicle may have the things subject to seizure so concealed;

the officer may search the suspected occupants; provided that this subsection shall not apply to individuals traveling as passengers in a vehicle operating as a common carrier.

(c) This rule shall not be construed to limit the authority of an officer under Rules 2 and 3 hereof.

Answer 61

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Question 62

An officer may, without a search warrant, search open lands and seize things which he reasonably believes subject to seizure.

Answer 62

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Question 63

An officer who has reasonable cause to believe that premises or a vehicle contain:

(a) individuals in imminent danger of death or serious bodily harm; or

(b) things imminently likely to burn, explode, or otherwise cause death, serious bodily harm, or substantial destruction of property; or

(c) things subject to seizure which will cause or be used to cause death or serious bodily harm if their seizure is delayed;

may, without a search warrant, enter and search such premises and vehicles, and the persons therein, to the extent reasonably necessary for the prevention of such death, bodily harm, or destruction.

Answer 63

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Question 64

An officer who, in the course of otherwise lawful activity, observes the nature and location of things which he reasonably believes to be subject to seizure, may seize such things.

Answer 64

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Question 65

In all cases of seizure the law enforcement officer making the seizure shall provide for the appropriate safekeeping of the things seized.

Answer 65

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Question 66

If the identity of a person having a rightful claim to possession of freshly stolen seized things can be promptly established beyond a reasonable doubt to the satisfaction of the seizing officer, the things may be promptly returned to the rightful possessor. Perishable things seized may be disposed of by the seizing officers as justice and the necessities of the case dictate. A full report of the facts and circumstances of any seizure and the disposition of the things seized pursuant to this rule shall be made to a judicial officer.

Answer 66

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Answer 67

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Question 68

Reasonable cause to believe” means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements.

Answer 68

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Question 69

Search warrant” means an order issued by a judicial officer authorizing a search or seizure or both.

Answer 69

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Question 70

“Release on bail” means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property.

Answer 70

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Question 71

“Order to appear” means an order issued by a judicial officer at or after the defendant’s first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times.

Answer 71

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Question 72

*

Summons” means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time.

Answer 72

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Answer 73

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Answer 74

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Answer 75

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