In the state of Arkansas, a judicial officer can issue an arrest warrant when a person has failed to appear in court as ordered or if through a police complaint or recorded testimony or other such information it appears that there is probable cause to believe that a criminal act has occurred and the person in question committed it.
Rule 7.1 further states that the judicial officer has the authority to issue summons in lieu of a warrant and if this is disobeyed a warrant release may follow. Also, the sitting magistrate can order his deputy or the clerk of court to issue a warrant pursuant to rule 7.1 (b).
All active warrants from AR have to be written commands directed at police officers from within the county and elsewhere. It is issued in the name of the state and it can be executed in any part of the state as well as the country.
Arrest warrants bear the signature of the magistrate who issued the order along with the date of issuance, the county in which the order was released and the title of the office of the judicial officer who issued the directive.
In terms of the offender to be arrested, the information mentioned on the warrant includes the name of this individual or any name or description which can help the arresting officers to identify this person. The decree is handed to the prosecution along with a copy of the affidavit that was filed in court to procure the directive.
Also, the warrant should have an explicit order that commands police officers to arrest the person in whose name the warrant was released. The terms of release where applicable should be mentioned on the warrant and it should be made clear on the order that unless these are complied with, the arrestee cannot be released.
The warrant may also have information on the manner in which the directive should be executed and it may specify the terms of release and appearance requirements if any, as well. Upon issue information on the warrant is noted in the court records.
Any agent of the law is authorized to effect detention under the provisions of an arrest warrant. While the execution of bench warrants is limited to the county of its release and search warrants can only be used to search and seize items from a specific property, an active warrant can be executed in any part of the country.
Rule 4.3 further mentions that the cop conducting the arrest does not need to have the warrant on his person when detaining the accused. However, if a request is made from the defendant or by the defense team to produce the court directive, the document will be shown to the accused as soon as possible.
When arresting an individual who has been marked for detention through the issue of a judicial order, the law enforcement agent acting upon such a directive will:
While all legal provisions are issued by relevant tribunals that have the jurisdiction to deliberate in similar matters, arrest warrants are markedly different from other judicial orders. For one, these directives are not bound by time and place restrictions. This means that outstanding warrants for arrests can be served by any police officer and not just a deputy of the local sheriff's office.
Upon arrest, the person will promptly be deported to the county in which the warrant was released. Information on outstanding warrants is held by multiple government agencies including the office of the clerk of court which makes a note of the release of the warrant in the court dockets right after the pre warrant hearing. Subsequently, the arrest records that go with this detention order are also included in the case proceeding files. Details on these judicial orders are also kept by the police and often released to their deputies on the form of a most wanted list.
Information on criminal history is not freely disseminated in Arkansas; it is only available to law enforcement agencies and employees who fall in a certain statutory class. For applicants who can look for arrest records, warrant and other crime history information, there are three options to initiate the inquiry.
Mailed inquiries:Employers who wish to perform background searches will need to download the ASP-122 form of the Arkansas State Police, fill this document and send it to the Arkansas State Police, Identification Bureau, 1 State Police Drive Plaza, Little Rock, AR 72209 along with a self addressed envelope. Manual inquiries are charged at $20 and it may take 7 to 10 days to receive a response to such a request.
Electronic inquiries: Electronically submitted requests are undeniably more convenient. Information about this can be found at http://www.asp.state.ar.us/demo/criminal/help_p3.php. These requests will cost the applicant $22.
Online warrant search: Internet based searches are available for employers who have a signed consent form from the subject at https://www.ark.org/criminal/index.php. Employers will need to register with the state police for this service. The charges for such an inquiry are $25.