Ark. Code Ann. § 5-64-705 (2026)
Authority to investigate and arrest in contiguous county
Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employed.
History. Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2; Acts 2005, No. 1994, § 313.
Publisher's Notes. Acts 1985, No. 675, § 1, is also codified as § 12-12-102.
Amendments. The 2005 amendment deleted “the Uniform Controlled Substances Act, as amended, subchapters 1-6 of” preceding “this chapter.”
Cross References. Stopping and detention of person; time limitations, Ark. R. Crim. P. 3.1.
Research References
U. Ark. Little Rock L.J.
Survey, Criminal Procedure, 13 U. Ark. Little Rock L.J. 349.
Case Notes
Arrest Outside Jurisdiction.
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(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).
A local police officer, acting without a warrant outside the territorial limits of the jurisdiction under which he holds office, is without official power to apprehend an offender unless he is authorized to do so by statute, and evidence obtained as a result of an unlawful detention or illegal arrest is subject to the exclusionary rule and should be suppressed. Perry v. State, 303 Ark. 100, 794 S.W.2d 141 (1990).
Cited: Davis v. Dahmm, 763 F. Supp. 1010 (W.D. Ark. 1991).