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12-9-305 Failure to Meet Standards - Actions
by Private Citizens

  1. An Auxiliary law enforcement officer who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a law enforcement officer and any action taken shall be held as invalid.

  2. Nothing in this subchapter or any requirement made by the Commission shall prevent any action by a private citizen that is now authorized by law. Nor shall any provisions of this subchapter affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency.

HISTORY Act 1983, No. 747, 3; A.S.A. 1947, 42-1403.

CASE NOTES

UNSUPERVISED DEPUTIES.

Where defendant was arrested and issued a 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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