Ark. Code Ann. § 16-81-105 (2026)

Case Notes

Construction.

There are only four instances where the General Assembly has delegated the authority for law enforcement officers to make an arrest outside of their jurisdictions: (1) “fresh pursuit” (§ 16-81-301); (2) when the police officer has a warrant for arrest (§ 16-81-105); (3) when a local law enforcement agency requests an outside officer to come into the local jurisdiction and the outside officer is from an agency that has a written policy regulating its officers when they act outside their jurisdiction (§ 16-81-106(b)(3) and (4)); and (4) when a county sheriff requests that a peace officer from a contiguous county come into that sheriff's county and investigate and make arrests for violations of drug laws (§ 5-64-705). Henderson v. State, 329 Ark. 526, 953 S.W.2d 26 (1997).

Territorial Jurisdiction.

The traditional concept of territorial jurisdiction for peace officers is a sound one since a local community is best served by the requirement that local officers familiar with local neighborhoods make arrests in the community. Perry v. State, 303 Ark. 100, 794 S.W.2d 141 (1990).

Although an Arkansas deputy did not have authority under this section to arrest an arrestee pursuant to an Arkansas arrest warrant at the arrestee's parents' home, which was located in Oklahoma, the deputy was entitled to qualified immunity as to the arrestee's Fourth Amendment claim because it was objectively reasonable for the deputy to have believed that the arrest was taking place in Arkansas. A 911 call from the home was identified as originating from an Arkansas area code and an Arkansas address, the home's mailbox was located in Arkansas, and the arrest warrant stated that the arrestee resided at the home's address in Arkansas. Engleman v. Murray, 546 F.3d 944 (8th Cir. 2008).

Warrantless Arrest.

Where the defendant was incarcerated and charged with robbery and the evidence was of such a substantial nature that the county officers had reasonable grounds or probable cause for the arrest and detention of defendant on the robbery charge, the warrantless arrest by the officer outside his county was a lawful arrest and restraint. Williams v. State, 259 Ark. 549, 534 S.W.2d 760, 1976 Ark. LEXIS 2104 (1976).

Where two officers from one county were accompanied by a police officer of the county in which the arrest was made, at the time of the arrest, no warrant was needed. Logan v. State, 264 Ark. 920, 576 S.W.2d 203 (1979).

Cited: Davis v. Dahmm, 763 F. Supp. 1010 (W.D. Ark. 1991); Brown v. State, 38 Ark. App. 18, 827 S.W.2d 174 (1992).