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12-9-303 Authority of Officers

  1. An Auxiliary law enforcement officer shall have the authority of a police officer as set forth by statutes of this state when the Auxiliary law enforcement officer is performing an assigned duty and is under the direct supervision of a Full-Time certified law enforcement officer;

  2. When not performing an assigned duty and when not working under the direct supervision of a Full-Time certified law enforcement officer, an Auxiliary law enforcement officer shall have no authority other than of a private citizen;

  3. An Auxiliary law enforcement officer, when not working under the direct supervision of a Full-Time certified law enforcement officer, may perform tasks such as traffic direction, parade functions, etc., that are clearly not law enforcement functions and are assigned by the law enforcement agency.

  4. Nothing in this subchapter shall be construed as defining an Auxiliary law enforcement officer as a Full-Time certified law enforcement officer, a Part-Time certified law enforcement officer, or a Specialized certified officer as defined by 12-9-101, 12-9-102, 12-9-104 - 12-9-111, and the Commission.

HISTORY Acts 1983, No,. 757, 5; A.S.A. 1947, 42-1405.

CASE NOTES

UNSUPERVISED DEPUTIES.

Where defendant was arrested and issued citation for a misdemeanor by two unsupervised Auxiliary deputies, defendant could not be tried or convicted of the offense because unsupervised Auxiliary deputies lacked authority to lawfully charge defendant with a misdemeanor offense. Brewer v. State, 286 Ark. 1, 688 S.W.2d 736 (1985).


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