Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3881 (2026)

Arrest; how made; force and restraint

✓ current as of May 2026
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A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1984–2025 · leading case: State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
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State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000). · cites it 8× “Similarly, in A.R.S. § 13-3881 et seq., the legislature addressed itself expressly to the use of force in accomplishing an arrest.”
State v. Stroud, 103 P.3d 912 (Ariz. 2005). · cites it 3× “” A.R.S. § 13-3881 (2001). No easily identifiable point defines the moment at which an arrest or custody occurs.”
State v. Mitchell, 62 P.3d 616 (Ariz. Ct. App. 2003). · cites it 4× “While an arrest as defined by § 13-3881 is characterized by actual restraint or submission, the phrase “effecting an arrest” in § 13-2508 connotes successful, effective restraint or submission of the person.”
State v. Mincey, 687 P.2d 1180 (Ariz. 1984). · cites it 2× “§ 13-1401 [now A.R.S. § 13-3881]; see State v. Martinez, 122 Ariz.”
State v. Sanchez, 701 P.2d 571 (Ariz. 1985). · cites it 4× “” A.R.S. § 13-3881; see also State v. Sanders, 118 Ariz.”
Calnimptewa v. Flagstaff Police Dep't, 30 P.3d 634 (Ariz. Ct. App. 2001). · cites it 2× “See A.R.S. § 13-3881(A) (2001) (“An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.”
State v. Matthews, 428 P.3d 198 (Ariz. Ct. App. 2018). · cites it 4× “¶ 18 The superior court instructed the jury on § 13-3881(A), which provides that "[a]n arrest is made by an actual restraint of the person to be arrested," but declined Matthews's request to instruct on subsection (B), which clarifies that "[n]o unnecessary or unreasonable force…”
State v. Taylor, 808 P.2d 324 (Ariz. Ct. App. 1991). · cites it 4× “§ 13-3903(F) states that "[n]othing in this section shall be construed to affect a police officer's authority to conduct an otherwise lawful search incident to his arrest even though such arrested person is released before being taken to the police station or before a magistrate…”
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992). · cites it 3× “or by his submission to the custody of the person making the arrest’ as required in A.R.S. 13-3881 and Sanchez.” The state appealed.”
State v. Laws, 655 A.2d 1131 (Conn. App. Ct. 1995). “2d 571 (1985), citing Ariz. Rev. Stat. § 13-3881 ; People v. Kosyla, 143 Ill.”
State v. Barker, 253 P.3d 286 (Ariz. Ct. App. 2011). · cites it 2× “” AR.S. § 13-3881(A). Athough an arrest may not be complete until a defendant is actually restrained, the resisting arrest statute is violated if a person prevents or attempts to prevent an officer from “effect ing an arrest.”
State v. Stroud, 88 P.3d 190 (Ariz. Ct. App. 2004). “Section 13-3881(A), A.R.S., states that “[a]n arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.”
Show all 19 citing cases →
— Ariz. Rev. Stat. § 13-3881(A) — 7 cases
Calnimptewa v. Flagstaff Police Dep't, 30 P.3d 634 (Ariz. Ct. App. 2001). “See A.R.S. § 13-3881(A) (2001) (“An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.”
State v. Taylor, 808 P.2d 324 (Ariz. Ct. App. 1991). “§ 13-3903(F) states that "[n]othing in this section shall be construed to affect a police officer's authority to conduct an otherwise lawful search incident to his arrest even though such arrested person is released before being taken to the police station or before a magistrate…”
State v. Sanchez, 701 P.2d 571 (Ariz. 1985). “” A.R.S. § 13-3881; see also State v. Sanders, 118 Ariz.”
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992). “or by his submission to the custody of the person making the arrest’ as required in A.R.S. 13-3881 and Sanchez.” The state appealed.”
State v. Barker, 253 P.3d 286 (Ariz. Ct. App. 2011). “” AR.S. § 13-3881(A). Athough an arrest may not be complete until a defendant is actually restrained, the resisting arrest statute is violated if a person prevents or attempts to prevent an officer from “effect ing an arrest.”
— Ariz. Rev. Stat. § 13-3881(B) — 7 cases
State v. Matthews, 428 P.3d 198 (Ariz. Ct. App. 2018). “¶ 18 The superior court instructed the jury on § 13-3881(A), which provides that "[a]n arrest is made by an actual restraint of the person to be arrested," but declined Matthews's request to instruct on subsection (B), which clarifies that "[n]o unnecessary or unreasonable force…”
State v. Estes (Ariz. Ct. App. 2016).
State v. Molinar (Ariz. Ct. App. 2017).
State v. Wilson (Ariz. Ct. App. 2022).
Manriquez v. Superior, Town of (D. Ariz. 2020).
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