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UILKIE v. STATE3/30/1992
Appellant was arrested for driving while intoxicated by Arkansas Game and Fish officer, Jack Collins. His sole issue on appeal is whether Collins had authority to arrest for violations other than those related to game and fish laws. The trial court held the appellant's arrest was legal, denied his motion to suppress evidence and to dismiss and sentenced him.
Under section 8 of amendment 35 to the Arkansas Constitution, all employed personnel of the State Game and Fish Commission may make arrests for violation of the game and fish laws. However, Commission personnel were not specifically named or included as peace officers under Ark. Code Ann. 16-81-106 (1987), which is Arkansas's statutory authority that sets out the circumstances and procedures under which an officer may make an arrest for misdemeanors and felonies. That statute provided as follows:
(a) An arrest may be made by a peace officer or by a private person.
(b) A peace officer may make an arrest:
(1) In obedience to a warrant of arrest delivered to him;
(2) Without a warrant, where a public offense is committed in his presence, or where he has reasonable grounds for believing that the person arrested has
committed a felony. In addition to any other warrantless arrest authority granted by law or court rule, a law enforcement officer has probable cause to believe that the person has committed battery upon another person and the officer finds evidence of bodily harm, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the battery is arrested without delay.
(c) A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a felony.
(d) A magistrate, or any judge, may orally order a peace officer or private person to arrest anyone committing a public offense in the magistrate's or judge's presence, which order shall authorize the arrest.
In 1989, the General Assembly enacted Act 715, and in doing so, reenacted all of 16-81-106 as set out above, but added sections (e) and (f) which read as follows:
(e) For purposes of this section, the terms "peace officer" and "law enforcement officer" shall include full-time wildlife officers of the Arkansas Game and Fish Commission so long as they shall not exercise their authority to the extent that any federal funds would be jeopardized.
(f) The following persons employed as full-time law enforcement officers by the federal government, who are empowered to effect an arrest with or without warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties, shall be empowered to act as an officer for the arrest of offenders against the laws of this state and shall enjoy the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers:
(1) Federal Bureau of Investigation special agents;
(2) United States Secret Service special agents;
(3) Immigration and Naturalization Service special agents, investigators, and patrol officers;
(4) United States Marshals Service deputies;
(5) Drug Enforcement Administration special agents;
(6) United States postal inspectors;
(7) United States Customs Service special agents, inspectors, and patrol officers;
(8) United States General Services Administration special agents;
(9) United States Department of Agriculture special agents;
(10) Bureau of Alcohol, Tobacco and Fire
Page 1 2 3 Arkansas DUI Attorneys
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