Ark. R. Crim. P. 12.1

As amended through November 13, 2023

Rule 12.1 - Permissible Purposes

An officer who is making a lawful arrest may, without a search warrant, conduct a search of the person or property of the accused for the following purposes only:

(a) to protect the officer, the accused, or others;

(b)to prevent the escape of the accused;

(c) to furnish appropriate custodial care if the accused is jailed; or

(d) to obtain evidence of the commission of the offense for which the accused has been arrested or to seize contraband, the fruits of crime, or other things criminally possessed or used in conjunction with the offense.

Ark. R. Crim. P. 12.1

COMMENT

Comment to Rule 12.1

Searches of the person shall be carried out with all reasonable regard for privacy, and unless exceptional circumstances otherwise require, the search of an accused prior to his arrival at a police station shall be only as extensive as is reasonably necessary to effect the arrest with all practicable safety, or to prevent escape or the destruction of evidence.