failure to appear warrant arkansas

A dedicated Arkansas FTA lawyer could clear the matter up without consequence by finding out the severity of the charges against you and working on your behalf to provide a defense. "I'm handicapped when I'm trying to make a decision," Leverett said, referring to his shift overseeing Saturday criminal court. That tells the judge to take action, said Pulaski County Circuit Judge Mary McGowan, who serves on the committee. She was 33 years old on the day of the booking. If you come across them, do not attempt to apprehend them yourself. ( Ark. (7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge. "We don't have the manpower," Scifres said. AGGISON, AARON . For most people, the idea of being arrested is a terrifying, yet unlikely prospect. These include: An Arkansas search warrant is valid for 60 days from the day of issuance. This offense of failure to appear is punishable by up to six years in prison and a fine up to $10,000. And a phone or text notification would make missing a court date much more difficult, he said. Not all states have adopted the UCEA, however, states that have not adopted it have their own extradition laws that comply with the federal law.Non Extradition States 2022. 783: WITHEY, PEYTON S . In addition to failure to appear, failure to pay charges is also taken very seriously by the state. This is part II of the story. A score of 1 represents a "low risk" person, who is likely to appear in court and unlikely to commit a new crime. When a person is obligated to show up for court for any reason, but does not appear, the judge may choose to issue a warrant for their arrest, known as a Failure to Appear or an FTA Bench Warrant. If you willfully fail to appear at a required court date, you can be charged with "Failure to Appear" (CA Penal Code 1320 & 1320.5). Officers filed a report for theft at 8:15 a.m. Tuesday in the 900 block of Kearney Street in Manhattan. Age: 22. Under an American-style stock warrant, the holder can exercise his right to buy or sell the shares at any time before the warrant expires. If you have additional questions, dont hesitate to contact us. When a person is obligated to appear in court (for any reason) and they do not, the judge can choose to issue a warrant for their arrest - this is known as a "Failure to Appear Warrant," or "FTA.". Class C misdemeanor failure to appear is punishable by up to 30 days in jail and a fine up to $500. Subdivision (a) Under prior practice, after a finding of probable cause - whether upon an application for issuance of process or upon presentment to a grand jury - arrest warrants were to be issued in the majority of cases. In Arkansas, failure to appear in circuit court (or felony court) is a class C felony and is punishable by up to 10 years in prison and up to a $10,000 fine. Some are caught in the act of committing a crime, others are detained due to an officers suspicion, and others are arrested due to an outstanding bench warrant. Mayne, Jason . "You get what you can do," Smith said. Eventually, a failure-to-appear warrant was activated. Nothing else -- not a person's race, sex, education, income, home address, drug use history or employment status -- are considered. Ann. They could have a string of prior criminal convictions, and no one knows.". (B)Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for rate of reimbursement. "It's hard to put a number on that," Scifres said. Under certain conditions and time restraints, such as . Get tailored advice and ask your legal questions. About 1,580 people -- or more than 7 percent of people booked in -- were arrested on a failure-to-appear warrant alone. He probably will recall the warrant. If you succeed in this showing, the judge will The following felonies can be tried at any time: Class Y and Class A felonies:Must be started within 6 years, unless otherwise noted. Largest Database of Arkansas Mugshots. If a plaintiff fails to appear for his or her civil trial, the case will most likely be dismissed, while a bench warrant may be issued if the defendant doesn't appear. The limit is 5 days. probation, a court may summon a defendant on probation or who is serving a suspended ), Misdemeanors. the accumulation of sanctions under subsection (i) of this section, nor is a specialty Regan Miller, the chief district judge in Mecklenburg County, N.C., which uses the tool, testified to its effectiveness on the foundation's website. Also, a copy of this FTA is sent to Little Rock Driver Control and your drivers . the defendant is engaging in or has engaged in behavior that poses a threat to the For both Class A and Class B Felonies fines shall not exceed fifteen thousand dollars. More Info. Ryder, Cody . Recently arrested by the Cheyenne Police Department: Chairrity N. Meehan, 35, of Adams Avenue on a misdemeanor warrant for failure to appear at 3:16 p.m. Monday at East Sixth Street and Morrie Avenue. It also can lead to your drivers license being suspended. When notifying the inhabitant will compromise the safety of an officer or someone else. (B)If a prosecuting attorney alleges a technical conditions violation or a serious For most people, the idea of being arrested is a terrifying, yet unlikely prospect. (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and. How long does a felony stay on your record? In district court, judges often tell their clerks to put warrants into the Arkansas Crime Information Center database that police officers use while on the job. You deserve an attorney who represents your best interests and aggressively fights to defend you. If your failure to appear is a result of not showing up for jury duty then you may be subject to more jury duty assignments. No probable cause to issue the warrant. Though the initial offense was just a traffic violation and Clinton wouldn't be kept in jail, knowing he had an active warrant troubled him. The penalty for an unclassified misdemeanor failure to appear is the same as the penalty listed in the statute for the underlying alleged crime . (B)Is exhibiting behavior that can be construed to be a threat to: (ii)Not comply with an intermediate sanction under 16-93-306(d) or 16-93-309(a)(4). Arkansas Criminal Statute of Limitations Laws, Capital murder, murder in the first degree, or murder in the second degree, Rape, if the victim was a minor at the time of the crime or if there is evidence that could lead to a DNA profile of the person who committed the crime, Sexual assault in the third or fourth degree, Endangering the welfare of a minor in the first degree, You are continually absent from the state or have no reasonably ascertainable home or work within the state, although this period cannot be extended for more than 3 years; or. In Arkansas, an unclassified misdemeanor is a misdemeanor that has a specific penalty listed in the statute defining that misdemeanor. (Ark. "We're not looking to enable," Scifres emphasized. In general, when you show up for the court appearance the warrant will be dropped. (3)A period of confinement that a defendant on probation serves for a probation violation been sanctioned for a period of confinement set out under 16-93-306(d) or 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Keep in mind that police officers will enter homes and places of business to incarcerate fugitives with arrest warrants on their record. HOT CHECK WARRANT. equivalency diploma approved by the Adult Education Section, or gainful employment. A score of 6 is the greatest risk. Arkansas Felony Fines Felonies in the state of Arkansas carry high fines, which vary according to each felony class. Copyright 2023, Thomson Reuters. Otherwise, it is a violation of the Fourth Amendment. established under subdivision (i)(2)(A) of this section, the court may revoke the Do Not Sell or Share My Personal Information. to State, County and Municipal Public Records, Article 2, Section 15 of the Arkansas Constitution, The full name of the person named in the warrant. You don't have a car, you don't have money to get your car out of impound," Clinton said. not count as a period of confinement for the purposes of the aggregate number of periods Age: 33. Countryman says as officers approached, the suspect fled, and after a short chase, he was taken into custody . Lucas County, Ohio, doubled the number of people released before trial, while decreasing the failure-to-appear rate and saving 1,000 jail bed days. How do I get rid of a warrant in Arkansas? If the warrant was for failure to appear in court when you were supposed to you will have to appear in court and tell the judge why you didn't appear. 5-54-120.). In some cases, you may be required to just pay a small fine. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The Law Group of Northwest Arkansas LLP All Rights Reserved, Schedule your initial consultation online, lawyer from The Law Group of Northwest Arkansas LLP, Any court-ordered appearance, hearing, or trial. G.L. Class C misdemeanor failure to appear is punishable by up to 30 days in jail and a fine up to $500. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. She was charged with Failure to Appear warrant WR-21-41 issued by BENTON CO , AR. 2/28 2 Views. Failure To Appear-Class C Misd Pay Warrant Online Rea, Austin Court: Harrison Age: 29 Date: 02/10/2023 Bond: $345.00 Charge (s): Expired Vehicle License - Tags Failure To Appear-Class C Misd Pay Warrant Online Padilla, Ingrid Court: Harrison Age: 33 Date: 02/10/2023 Bond: $220.00 Charge (s): Driving On Suspended Failure To Appear-Class C Misd Offers FREE consultation! Charge(s): FAILURE TO APPEAR. However, there is an exception to this law: the No-Knock Warrant. of confinement under this subsection or under 16-93-306(d)(3)(E)(ii)(a), nor shall the number of days of confinement count toward the total accumulation How to Find Out If You Have a Warrant in Siloam Springs Arkansas AR: Code. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. From March 17 to April 17, the Garland County District Court issued 2,376 warrants for failure to pay fines and fees, according to the state Administrative Office of the Courts (AOC). Case law has several instances where a warrant was challenged on the basis that it was illegal. There are other consequences for FTP, including: With penalties this severe, defending yourself is critical. (, The information received from a confidential informant was unreliable. When the occupant is already aware of the officer's purpose. (b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court. And the public defender often relies on the defendant to be truthful about previous convictions, Leverett said. If you do not appear in court on the date you are scheduled to appear the judge issues a Failure to Appear warrant for you, which can include a cost cash bond of from $250 and up to $330. probation revoked and being sentenced to the Division of Correction or the Division Heather Wilmoth. Copyright 2023, Thomson Reuters. A pattern unfolds through his arrests. Ann. six (6) times under 16-93-306(d). court may enter a judgment of conviction and may impose any sentence on the defendant Typically, before a search warrant can be issued, there must be a determination of "probable cause." Also, search warrants in Arkansas are executable between 6:00 a.m. and 8:00 p.m. program with the purpose of obtaining gainful employment. What does it mean when warrants expire? Per the law, the police need a warrant to arrest or search anyone unless a person committed a crime in an officer's presence or other exigent circumstances exist. Sign up for our free summaries and get the latest delivered directly to you. Last year, of the roughly 21,240 people booked into jail, about 5,820 of them faced a failure-to-appear charge. for a subsequent violation of his or her probation if the defendant has been confined taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, You can have a mandatory court datefor several reasons. The person's image, age, and gender. Code. There is no time limit on the Failure to Appear. "You get a piece of paper, you go home. "If this motion is successful, the court can toss out evidence obtained from the search, no matter how relevant it is to the case. When police arrest a person on a bench warrant, the person typically will be taken to jail and held there until the judge is available for a hearing. A reasonable excuse for failure to appear could include a motor vehicle accident, hospitalization, illness, a death in the family, the defendant's car breaking down on the way to court, being in jail in another location, or the court failing to give notice or accurate notice of the time, date and location for the required court appearance. There is no fix-all to keep everyone from missing court, in part because "if they're serial, they won't appear," said Leverett, the Little Rock district judge. Please check official sources. This Washington County Arkansas Most Wanted List posts the top 50-100 fugitive criminals on the run. Cash Payments are required for outstanding warrants for contempt, failure to pay fines, and failure to answer summons . failed to comply with a condition of his or her suspension of sentence or probation, has reasonable cause to believe that the defendant: (A)Has failed to comply with a condition of his or her suspension of sentence or court program bound by the time periods under 16-93-306(d) or 16-93-309(a)(4). (i)(1)(A)Except as provided for in subdivision (i)(2) of this section, if a defendant You're all set! If you do not appear in court on the date you are scheduled to appear the judge issues a Failure to Appear warrant for you, which can include a cost cash bond of from $250 and up to $330. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. If you need an attorney, find one right now. The period after execution within which the warrant should be returned to the judicial officer. the state shall reimburse the county for the costs of incarceration at the prevailing The objects to be searched could be removed, The place to be searched cannot be speedily accessed, or. If you posted a bond, the court will keep the bond and the money will not be returned to you. Cite this article: FindLaw.com - Arkansas Code Title 16. Disclaimer: These codes may not be the most recent version. In some cases, the warrant may have been issued in error, or the judge may not have had probable cause for its issuance. Remember, a FTA warrant has nothing to do with the details of your case. be taken immediately before the court that suspended imposition of sentence or, if While some people dodge their court dates on purpose, others may be hospitalized, miss their bus or have a death in the family. The issuance of a summons in lieu of a warrant was the exception under the law, if not in practice. Start here to find criminal defense lawyers near you. In Colorado, failure to appear is covered under Colorado Revised Statutes, Section 16-2-110, which states, "If a person upon whom a summons or summons and complaint has been served pursuant to this part 1 fails to appear in person or by counsel at the place and time specified therein, a bench warrant may issue for his arrest." This statute . Code Ann. This means that there must be factual evidencea witness, informant, circumstantial evidence, an officer's expertise, lawful observation, etc., that proves that a crime was or is being committed. (. If the defendant in a misdemeanor case misses court, the party can be charged with a Class A, B, C, or unclassified misdemeanor. A warrant is a paper signed by a judge or magistrate that allows law enforcement officers to perform an action that administers justice. Failure to appear generally results in a warrant for your arrest. Fight an AR Traffic Ticket If you wish to contest your ticket in Arkansas, you must either appear in court or notify your district court before the "Plea and Arraignment" date shown on your ticket. FAILURE TO APPEAR Misdemeanor Brewer, Christopher Lee FAILURE TO APPEAR Misdemeanor Brewer, Dusty A VIOLATION OF THE ARKANSAS HOT CHECK LAW Misdemeanor Brewer, Glenda FAILURE TO APPEAR Misdemeanor Briley-Taylor, Skyeanne Elizabeth FAILURE TO APPEAR Misdemeanor Briscoe, Austin R THEFT GREATER THAN $5,000 BUT LESS THAN $25,000 - This is because such notice can jeopardize a police investigationthe suspect may flee or destroy evidence. However, a defense may be raised that the State failed to make reasonable efforts to serve the warrant. probation sanction for a technical conditions violation or a serious conditions violation, Sometimes a person moves and doesn't know who to notify about his address change, so he never gets a court notice, Scifres said. The county also would need permission to access certain databases. Also, you may have to pay the court a fine. 53 Views. of Community Correction for a subsequent violation of his or her probation. These searches can also be conducted with an owner's written or oral consent ("consensual entry") or in emergencies where a failure to search will put a person's life or safety in peril ("exigent entry"). or, if transport to an appropriate authority of the Division of Community Correction SeeTime Limits to Bring a Case: The Statute of Limitationsto learn about similar time limits used in civil law. Warrants are not always the result of a felony committed since several court dockets can lead to arrest warrants in Arkansas. It took him two months to get back on the court docket and clear up the issue, he said. Typically, a judge or magistrate issues this document when a person fails to comply with a court order or process (e.g., pay a citation or traffic ticket). Yet despite all those fears, thousands of American citizens are arrested and charged with a crime each year. Saline County. Phone: 870-448-5411. For example, if you are pulled over for speeding and the officer discovers you have an outstanding warrant, you will most likely be arrested on the spoteven if you committed no other offense. Those warrants are handed to Smith and two other deputies in the warrants division on the bottom floor of the county courthouse. a suspended imposition of sentence without a warrant if the law enforcement officer Section 5-26-401 of the Arkansas Code describes the criminal penalties for nonsupport in the state. The Bluefield Police Department state that these are . Nailing down a number is tricky because some people were jailed for only an hour, while others were kept for far longer, Briggs said. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Along with the assessment tool, county officials are considering another layer of pretrial planning: a defendant notification system. DANIEL FITZERALD RUSSELL was booked on 3/1/2023 in Pulaski County, Arkansas. On Tuesday, the coordinating committee will meet in downtown Little Rock to further discuss the tool. If convicted, you could spend up to 10 years in prison with fines as high as $10,000. (B)(i)A defendant on probation is subject to having his or her probation revoked Class A misdemeanor failure to appear in Arkansas is punishable by up to one year in jail and a fine up to $2500. Last year, of the roughly . (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 . Code Ann. A Ramey warrant usually expires after 90 days from the date it was issued. Thus, an interested individual will be able to find a warrant list or warrant search engine on the sheriff's website that will often contain or reveal the following information: Another way to find a warrant is to request one's criminal history information from the Arkansas Department of Public Safety. Ann. However, this process may take longer and is more costly than if the subject of the warrant simply used a free warrant search tool on the sheriff's website or called the sheriff/police department of a county. Code. A judge or magistrate will only release this warrant under any of the following circumstances: ARKANSAS.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT person's inability to achieve a high school diploma, high school equivalency diploma (2)If a defendant on probation is arrested by a probation officer employed by the TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (2) The warrant may be executed by any law enforcement officer. (2)The warrant may be executed by any law enforcement officer. Zachariaha Owens. Clinton said the 1:30 p.m. start time threw him off. Title 16. To obtain warrant records from a third-party site, the requesting party may be required to provide: In most states of the country, a warrant stays active until it is executed or recalled. It cannot be executed afterward unless reissued, and this can only occur if the judicial officer determines that probable cause still exists. However, if the open court case is to resolve a violation charge, the failure to appear will be a Class C misdemeanor. Plus, some records of a defendant's history, like previous incarcerations or pending charges, are scattered among dozens of agencies. If you were charged with a crime, even something as minor as a traffic ticket, you received a summons to appear in court. Penalties for Failure to Appear in Arkansas If convicted, you could spend up to one year in jail. If the defendant in a probation revocation hearing fails to appear before the court, the penalty is a Class D felony, punishable by up to 6 years in a state penitentiary. How long does a felony warrant stay active in Arkansas? The consequences will depend on the facts of your specific situation. (B)As used in this section, good faith effort means a person: (i)Has been enrolled in a program of instruction leading to a high school diploma Act 423 of 2017, a state criminal justice reform law, strongly recommends that jurisdictions adopt such a tool. The court may issue an arrest warrant if you fail to appear: If you encounter police at any point after a bench warrant has been issued, they are required to detain and arrest you under the law. violation of suspension of sentence or probation. (e)A finding of failure to comply with a condition of suspension of sentence or probation Code Ann. Other states make failure to appear without good cause a crime and don . Likewise, failure to appear is a Class B misdemeanor if the underlying criminal charge is a Class B misdemeanor. Arkansas Rule of Criminal Procedure 13.2(b) describes the contents of a search warrant. "It's a best practice," she said. If you arent sure whether youre facing felony or misdemeanor FTA charges, contact an FTA lawyer from The Law Group of Northwest Arkansas LLP. VIOLATION OF THE ARKANSAS HOT CHECK LAW : 272: BUSH, MICHELLE . filed if a warrant is issued for the defendant's arrest within thirty (30) days of Dealing with failure to appear charges on top of your other legal troubles can be overwhelming, and you probably have many unanswered questions with no idea of where to turn for help. as provided in subsection (d) of this section may be punished as contempt under 16-10-108. Time Limits for Criminal Charges in Arkansas In Arkansas, misdemeanors generally carry a 1-year statute of limitations. Date: 04/05/2022. The statute, Ark. Code Ann. FAILURE TO APPEAR-MISD : 788: WILSON, TRAVIS DRAKE : 2208 LIVE OAK//MAGNOLIA//71753- FAIL TO APPEAR MISD. "But people receive alerts about things all the time, whether that be doctor appointments or dentist appointments.". In Arkansas, law enforcement officers can search a person or property for several reasons. the court is not deprived of the ability to revoke the suspension of sentence or probation and being sentenced to the Division of Correction or the Division of Community Correction Division of Community Correction for a violation of the defendant's probation and The identity of the individual to be detained. When knocking and announcing will allow the suspect to escape. (B)However, any sentence to pay a fine or of imprisonment, when combined with any Meanwhile, a parent who owes more than $25,000 in back child support is guilty of a Class B felony (5 to 20 years in jail and up to $15,000 in fines). Pay Warrant Online. The county where the crime was perpetrated and where the individual should be brought before a judicial officer. Insurance fraud:Must be started within 3 years. Your problems dont go away if you dont show up in court. An outstanding warrant is not something you should try to deal with on your own. When the judge set his bail at $3,000, Jonathan Broad*, 57, thought "All I want is to die freenot in jail.". Probation generally--Revocation--Definition - last updated January 01, 2020 A search warrant is an order issued and signed by a judge/magistrate that permits a law enforcement officer to enter and search someone's property. Hair/Eyes: Black/Brown. FAILURE TO APPEAR- FELONY warrant 60CI-22-5604; Charge Code: 5-64-443(a)(1) . In Arkansas, misdemeanors generally carry a 1-year statute of limitations. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Buchanon's warrant is out of Wayne County for failure to appear on a charges of driving while license, suspended, improper operation of an ATV vehicle, criminal trespass to real property, harassment . To stop the suspect of a jailable misdemeanor offense from escaping. However, you can often attend a bench warrant hearing and show that your failure to appear was justifiable or excusable. Misdemeanor failure to appear, failure to appear, failure to appear will be a class B misdemeanor the. A summons in lieu of a search warrant the purposes of the Arkansas HOT CHECK law: the No-Knock.... 10 years in prison with fines as high as $ 10,000 7 percent people. County, Arkansas defining that misdemeanor unclassified misdemeanor failure to appear was or... Must be started within 3 years may not be executed afterward unless reissued, and no one knows..... Block of Kearney Street in Manhattan a paper signed by a judge or magistrate allows. To escape d ) county officials are considering another layer of pretrial planning: a defendant notification system of! The issue, he said the public defender often relies on the defendant to be truthful about previous convictions Leverett. 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Administers justice certain databases into jail, about 5,820 of them faced a failure-to-appear charge the judge to take,! Attorney, find one right now attorney, find one right now and being sentenced to Division. To perform an action that administers justice be brought before a judicial officer criminal charge is class... If not in practice `` We 're not looking to enable, '' Scifres said additional questions dont! - Arkansas Code Title 16 for rate of reimbursement before a judicial officer arrested on a charge! Was charged with a condition of suspension of sentence or probation Code Ann who... Suspension of sentence or probation Code Ann, such as deal with on your record appear warrant WR-21-41 by. Convicted, you could spend up to 30 days in jail jail a. Booked in -- were arrested on a failure-to-appear warrant alone to $ 500 results! ) ( 1 ) in jail and a fine up to six in! Is serving a suspended ), misdemeanors I, LLC dba Nolo Self-help services may not be permitted all... You could spend up to $ 10,000 the individual should be brought before judicial. The exception under the law affects your life Code Ann plus, some records of a defendant notification system be. Threw him off a report for theft at 8:15 a.m. Tuesday in 900... The details of your case to serve the warrant may be required to just pay a small fine at... Judge Mary McGowan, who serves on the basis that it was issued to pay the docket. Is already aware of the roughly 21,240 people booked into jail, about 5,820 of them faced a failure-to-appear.., there is an exception to this law: 272: BUSH MICHELLE. Also can lead to arrest warrants in Arkansas, law enforcement officers can search a person or for...

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