Arkansas Code Annotated

Ark. Code Ann. § 16-94-213 (2020)

Arrest prior to requisition

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Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 16-94-206, with having fled from justice; or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under § 16-94-206, has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him or her to apprehend the person charged, wherever he or she may be found in this state, and bring him or her before the same or any other judge, court, or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

History. Acts 1935, No. 126, § 13; Pope's Dig., § 6093; A.S.A. 1947, § 43-3013.

Case Notes

Civil Rights Violations.

Bail bondsman was not a state actor when he filed an affidavit requesting a plaintiff's arrest under this section and, therefore, was entitled to a judgment as a matter of law on claim that he deprived plaintiff of his civil rights, under § 16-123-105. Dean v. Olibas, 129 F.3d 1001 (8th Cir. 1997).

Notes of Decisions
Cited in 2 cases, 1997–1997 · leading case: Michael Wayne Dean v. Pascual Q. Olibas, 129 F.3d 1001 (8th Cir. 1997).
Michael Wayne Dean v. Pascual Q. Olibas, 129 F.3d 1001 (8th Cir. 1997). · cites it 2× “When Olibas filed his Affidavit of Intention to Surrender Accused with an Arkansas court, he exercised a right — the right to have fugitives arrested — having its source in state authority' — the Uniform Criminal Extradition Act, Ark.Code Ann. § 16-94-213 (Michie 1987). The sole…”
Michael Wayne Dean v. Pascual Q. Olibas, No. 96-4245 (8th Cir. Nov. 19, 1997). “When Olibas filed his Affidavit of Intention to Surrender Accused with an Arkansas court, he exercised a right--the right to have fugitives arrested--having its source in state authority--the Uniform Criminal Extradition Act, Ark. Code Ann. § 16-94-213 (Michie 1987).”
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