Arkansas

Criminal Procedure

Criminal Procedure

Rule 12.5 – Search of Premises: Permissible Circumstances, Time and Scope

(a) If at the time of the arrest:

(i) the accused is in or on premises all or part of which he is apparently entitled to occupy; and
(ii) in view of the circumstances the officer has reason to believe that such premises or part thereof contain things which are:

(A) subject to seizure; and
(B) connected with the offense for which the arrest is made; and
(C) likely to be removed or destroyed before a search warrant can be obtained and served;

the arresting officer may search such premises or part thereof for such things, and seize any things subject to seizure.

(b) Search of premises pursuant to subsection (a) shall only be made contemporaneously with the arrest, and search of building interiors shall only be made consequent upon an entry into the building made in order to effect an arrest therein. In determining the necessity for and scope of the search to be undertaken, the officer shall take into account, among other things, the nature of the offense for which the arrest is made, the behavior of the individual arrested and others on the premises, the size and other characteristics of the things to be searched for, and whether or not any such things are observed while making the arrest.

Ark. R. Crim. P. 12.5