Arkansas

Criminal Procedure

Criminal Procedure

Rule 7.1 – Arrest with a Warrant: Basis for Issuance of Arrest Warrant

(a) A judicial officer may issue an arrest warrant for a person who has failed to appear in response to a summons or citation.
(b) In addition, a judicial officer may issue a warrant for the arrest of a person if, from affidavit, recorded testimony, or other documented information, it appears there is reasonable cause to believe an offense has been committed and the person committed it. A judicial officer may issue a summons in lieu of an arrest warrant as provided in Rule 6.1. An affidavit or other documented information in support of an arrest warrant may be transmitted to the issuing judicial officer by facsimile or by other electronic means. Recorded testimony in support of an arrest warrant may be received by telephone or other electronic means provided the issuing judicial officer first administers an oath by telephone or other electronic means to the person testifying in support of the issuance of the warrant.
(c) A judicial officer who has determined that an arrest warrant should be issued may authorize the clerk of the court or his deputy to issue the warrant.

Ark. R. Crim. P. 7.1

Amended and effective by per curiam order Sep. 26, 2013; amended May 29, 2014, effective July 1, 2014.

COMMENT Reporter’s Notes, 2007 Amendments: The 2007 amendments deleted language that addressed at length the issuance of a criminal summons in lieu of an arrest warrant. The amendments were intended to overturn Johnson v. State, 98 Ark. App. 245, 254 S.W.3d 794 (2007), insofar as that case held that issuance of a summons was mandatory in certain cases. Reporter’s Notes 2013 Amendment: The 2013 amendment made it clear that in all situations in which a warrant should issue, the judicial officer may delegate the actual issuance of the warrant to a clerk of deputy clerk. Reporter’s Note, 2014: In 2014, subsection (b) was amended to address the transmission by electronic means of affidavits in support of a warrant. In addition, oaths and recorded testimony may be administered and received by telephone or other electronic means that permit audible communication.