Ark. Code Ann. § 16-19-301 (2026)
Peacekeeping duties and authority — Neglect of duty
- Each constable shall be a conservator of the peace in his township and shall suppress all riots, affrays, fights, and unlawful assemblies, and shall keep the peace and cause offenders to be arrested and dealt with according to law.
- If any offense cognizable before a justice of the peace in his township is committed in his presence, the constable shall immediately arrest the offender and cause him to be dealt with according to law.
- Nothing in subsection (a) or subsection (b) of this section shall be construed to deprive a constable of authority to serve warrants, summons, writs, and other process as provided by law.
- Nothing in this section shall prevent the fresh pursuit by a constable of a person suspected of having committed a supposed felony in his township, though no felony has actually been committed, if there are reasonable grounds for so believing. “Fresh pursuit” as used in this section shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
- If it comes to the knowledge of any constable that an offense mentioned in this section has been committed in his township, it shall be the duty of the constable to present the offender to a justice of the peace of the township in order that the offender may be arrested and brought to trial as prescribed by law.
- If a constable fails, refuses, or neglects to perform the duties imposed upon him by this section, he shall be deemed guilty of a misdemeanor, and upon conviction, by indictment in the circuit court, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100).
History. Rev. Stat., ch. 29, § 15; Acts 1848, §§ 2-4, p. 36; C. & M. Dig., §§ 1448-1451; Pope's Dig., §§ 1749-1752; Acts 1941, No. 12, §§ 1, 2; A.S.A. 1947, §§ 26-210 — 26-213.
Research References
U. Ark. Little Rock L. Rev.
Article, If the Constable Blunders, Does the County Pay?: Liability Under Title 42 U.S.C. § 1983, 28 U. Ark. Little Rock L. Rev. 519.
Case Notes
Construction.
This section does not conflict with § 16-81-301. Reed v. State, 330 Ark. 645, 957 S.W.2d 174, 1997 Ark. LEXIS 685 (1997).
Powers and Duties.
A constable is a peace officer and, as such, has authority to arrest offenders against the law; but he is not authorized to execute a warrant of arrest or other process directed to the sheriff unless deputized in the manner provided by law. Winkler v. State, 32 Ark. 539 (1877).
Constable is required to discharge his duties in a lawful and prudent manner. Whitlock v. Wood, 193 Ark. 695, 101 S.W.2d 950 (1937).
A constable is authorized to make an arrest and issue a valid citation charging one with the offense of driving a motor vehicle while intoxicated, first offense, which is committed in his presence within the township for which he was elected. Credit v. State, 25 Ark. App. 309, 758 S.W.2d 10 (1988).
Although a constable's general powers and duties are established by this section, a constable's authority to engage in the fresh pursuit of criminal suspects, whether suspected of committing felonies or misdemeanors, is derived from § 16-81-301. Reed v. State, 330 Ark. 645, 957 S.W.2d 174, 1997 Ark. LEXIS 685 (1997).
County ordinance setting constable salaries at $25 per month did not violate equal protection because the evidence and testimony before the circuit court demonstrated that the quorum court had a rational basis for setting the $25-per-month salary for constables. Graves v. Greene County, 2013 Ark. 493, 430 S.W.3d 722 (2013).
Cited: Catlett v. Stewart, 304 Ark. 637, 804 S.W.2d 699 (1991).