Rules of Criminal Procedure Rule 4 Arrest: General Provision Flashcards
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.
Rule 4.1. Authority to Arrest Without Warrant. (b) A private person may make an arrest where he has reasonable grounds for believing that the person arrested has
committed a felony.
Rule 4.1. Authority to Arrest Without Warrant. (c) An arrest shall not 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.
Rule 4.1. Authority to Arrest Without Warrant. (d) A warrantless arrest by an officer not personally possessed of information sufficient to constitute __________ 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 / reasonable cause
Rule 4.1. Authority to Arrest Without Warrant. (e) 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.
Rule 4.1. Authority to Arrest Without Warrant. (e continued) Such reasonable cause determination shall be made promptly, but in no event longer than
forty-eight (48) 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 forty-eight (48) hours. Such reasonable cause determination may be made at the first appearance of the arrested person pursuant to Rule 8.1.
Rule 4.2. Authority to Arrest with Warrant.
Any law enforcement officer may arrest a person pursuant to a warrant in any
county in the state.
Rule 4.4. Procedures on Arrest.
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.
Rule 4.5. 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.
Rule 4.6. Procedures on Arrest: Prompt Taking to Police Station.
Any person arrested, if not released pursuant to these rules, shall be
brought promptly to a jail, police station, or other similar place.
Rule 4.6. Procedures on Arrest: Prompt Taking to Police Station. 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.
Rule 4.7. Recording Custodial Interrogations.
(a) Whenever practical, a custodial interrogation at a jail, police station, or other similar place, should be
electronically recorded.
Rule 4.7. Recording Custodial Interrogations.
(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.
Rule 4.7. Recording Custodial Interrogations.
(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.
Rule 4.7. Recording Custodial Interrogations.
(3) Nothing in this rule precludes the admission of a statement that is used only for
impeachment and not as substantive evidence.
