Ark. Code Ann. § 16-81-104 (2026)
Warrant of arrest generally
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- A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate.
- A warrant of arrest may be executed by any law enforcement officer.
- It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant for the arrest of a person charged with the commission of an offense when, from his or her personal knowledge or from information given him or her on oath, the circuit court judge, district court judge, or magistrate is satisfied that there are reasonable grounds for believing the charge.
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- The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense.
- Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law.
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- A warrant of arrest, in general terms, shall name or describe the offense charged to have been committed and the county in which it was committed. The warrant shall command the officer to whom it is directed to arrest the person named therein as the offender and bring him or her before some judge or magistrate of the county in which the offense was committed, to be dealt with according to law. It may be substantially in the following form, varying the terms to suit the case:
“The State of Arkansas.
To any law enforcement officer of the State of Arkansas:
It appearing that there are reasonable grounds for believing that A. B. has committed the offense of larceny in the County of Pulaski, you are therefor commanded, forthwith, to arrest A. B., and bring him before some judge or magistrate of Pulaski County, to be dealt with according to law.
Given under my hand the day of , 20
C.D.
Judge or Magistrate,
Summon as witnesses E. F. and J. K.”
History. Crim. Code, §§ 23, 24, 28; Acts 1883, No. 49, § 2, p. 72; C. & M. Dig., §§ 2894, 2895, 2899, 8320; Pope's Dig., §§ 3710, 3711, 3715, 10897; A.S.A. 1947, §§ 43-406 — 43-409; Acts 2005, No. 1994, § 266; 2019, No. 608, § 1.
Publisher's Notes. “This code,” referred to in this section, means the Code of Practice in Criminal Cases of 1869. See parallel reference tables in the tables volume.
Amendments. The 2005 amendment rewrote (a)(1); inserted “judge or” in (a)(2) and (b); substituted “circuit, district, or city judge or magistrate” for “justice of the peace” in (a)(3); in the sample warrant form, substituted “law enforcement officer” for “Sheriff, Constable, Coroner, Jailer, Marshal, or Policeman” and “Judge or Magistrate” for “Justice of the Peace for Pulaski County” and made gender neutral changes.
The 2019 amendment, in (a)(1)(A), inserted “court” twice and deleted “or city judge” preceding “or magistrate; in (a)(2), substituted “circuit court judge, district court judge” for “judge” twice and substituted “an offense” for “public offense”; rewrote (a)(3); and made stylistic changes.
Cross References. Basis for issuance, ARCrP 7.1.
Form of warrant, ARCrP 7.2.
Research References
ALR.
Propriety of Warrant Under Federal Law Based Upon Network Investigative Technique (NIT), 29 A.L.R. Fed. 3d Art. 6 (2018).
Case Notes
Constitutionality.
Although this section prescribes a procedure for the issuance of warrants that includes the presentation of the information to a neutral and detached magistrate, it appears to require the magistrate to issue the warrant upon such presentation. If this reading is correct, this section would impermissibly vest power to make probable-cause determinations in the hands of the prosecutor. Fairchild v. Lockhart, 675 F. Supp. 469 (E.D. Ark. 1987), aff'd, 857 F.2d 1204 (8th Cir. Ark. 1988).
Purpose.
The only purpose of an affidavit and arrest warrant is to have an accused arrested and brought before the justice, or other officer issuing the warrant, so that the accused may be dealt with according to law. Gomez v. State, 305 Ark. 496, 809 S.W.2d 809 (1991), appeal dismissed, — Ark. —, — S.W.2d —, 1995 Ark. LEXIS 471 (July 10, 1995).
Affidavit.
Where the affidavit served its purpose, it was not necessary to consider whether the affidavit was defective for failing to state the date the alleged offense took place. Gomez v. State, 305 Ark. 496, 809 S.W.2d 809 (1991), appeal dismissed, — Ark. —, — S.W.2d —, 1995 Ark. LEXIS 471 (July 10, 1995).
Approval by Judge.
The appearance of the traffic judge's initials on the corner of a warrant of arrest would not cause court to take judicial notice that judge must have approved the issuance of the warrant by the clerk. Webb v. State, 269 Ark. 415, 601 S.W.2d 848 (1980).
Defects.
A warrant commanding an officer to arrest on a charge of felony without designating the species of felony is not void and the officer cannot legally refuse to arrest the accused and will be liable to indictment if he permits him to escape by negligence. Martin v. State, 32 Ark. 124 (1877).
A defective warrant is immaterial after arrest. Cox v. City of Jonesboro, 112 Ark. 96, 164 S.W. 767 (1914); Dudney v. State, 136 Ark. 453, 206 S.W. 898 (1918).
An illegal arrest is not grounds for dismissal of criminal charges. State v. Fore, 46 Ark. App. 27, 876 S.W.2d 278 (1994).
Description of Offense.
Description of offense may be in general terms. Tucker v. State, 86 Ark. 436, 111 S.W. 275, 1908 Ark. LEXIS 431 (1908); Lismore v. State, 94 Ark. 207, 126 S.W. 853 (1910); State v. Brown, 131 Ark. 127, 198 S.W. 877 (1917).
Disqualification of Counsel.
Circuit court did not abuse its discretion in disqualifying defendant's lawyer under Ark. R. Prof. Conduct 1.12 because the lawyer's participation in issuing the arrest warrant and presiding over the plea and arraignment hearing when he was a judge was substantial under Ark. R. Prof. Conduct 1.0 as both qualified as matters of clear and weighty importance. To issue the arrest warrant when he was a judge, the lawyer had been required to weigh the merits to determine that the affidavit in support demonstrated reasonable grounds that defendant had committed the offense in question. Floyd v. State, 2016 Ark. 264, 495 S.W.3d 82 (2016).
Issuance by Clerk.
Arrest warrant for contempt of court which was issued by court clerk without authorization of judge and without accompanying affidavit or proof that an information was issued and which was not executed for over two years after its issuance was invalid as being both defective and “stale.” Webb v. State, 269 Ark. 415, 601 S.W.2d 848 (1980).
Judicial Immunity Upheld.
Because Arkansas law authorizes municipal judges to issue arrest warrants, where municipal judge issued warrant to enforce a circuit court judgment, judge acted, at most, in excess of jurisdiction and not in the clear absence of jurisdiction. Duty v. City of Springdale, 42 F.3d 460 (8th Cir. 1994).
Offense Against United States.
Justice of the peace may issue a warrant for and bind over one charged with perjury against the laws of the United States. McIntosh v. Bullard, Earnhart & Magness, 95 Ark. 227, 129 S.W. 85 (1910).
Cited: Pursley v. State, 302 Ark. 471, 791 S.W.2d 359 (1990).