{
  "id": 1906113,
  "name": "Chris McDANIEL v. STATE of Arkansas",
  "name_abbreviation": "McDaniel v. State",
  "decision_date": "1992-03-30",
  "docket_number": "CR 91-266",
  "first_page": "20",
  "last_page": "22",
  "citations": [
    {
      "type": "official",
      "cite": "309 Ark. 20"
    },
    {
      "type": "parallel",
      "cite": "826 S.W.2d 286"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "Ark. Code Ann. \u00a7 12-9-108",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1991,
      "pin_cites": [
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          "page": "(a)"
        },
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          "page": "(a)"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "Ark. Code Ann. \u00a7 16-81-106",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1991,
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "simhash": "1:46a05c97354d4b2f",
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  "last_updated": "2023-07-14T19:13:54.665869+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Chris McDANIEL v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Robert H. Dudley, Justice.\nAppellant was stopped by a Rogers policeman for driving while intoxicated and for making an improper change of lane on a roadway. The officer issued citations for both offenses. See A.R.Cr.P. Rule 5.2. Neither an information nor an indictment was subsequently issued. Appellant was found guilty in municipal court and appealed to circuit court. His trial is set, and he seeks a writ of prohibition to prevent the circuit court from trying him for the offenses because, he argues, the citations were void and he is not charged with an offense. We decline to issue the writ.\nA.R.Cr.P. Rule 5.2 gives \u201claw enforcement officers\u201d the authority to issue citations. A.R.Cr.P. Rule 1.6 defines law enforcement officers as \u201cany person vested [by statute] with a duty to maintain public order or make arrests for offenses.\u201d Appellant contends that Act 846 of the Regular Session of 1989, codified as Ark. Code Ann. \u00a7 16-81-106 (Supp. 1991), gave authority to certain law enforcement officers to make arrests, but Act 44 of the Third Extraordinary Session of 1989, codified as Ark. Code Ann. \u00a7 12-9-108(a) (Supp. 1991), repealed the authority of law enforcement officers to make arrests. His argument concludes that since law enforcement officers cannot make arrests they cannot issue citations, and therefore, the citations in these cases are void, and the circuit court has never acquired personal jurisdiction over him.\nAct 846 of the Regular Session of 1989, Ark. Code Ann. \u00a7 16-81-106 (Supp. 1991), gave the authority to make arrests to certified law enforcement officers and other specified persons such as special agents of the Federal Bureau of Investigation. Later, Act 44 of the Third Extraordinary Session of 1989, Ark. Code Ann. \u00a7 12-9-108(a) (Supp. 1991), was enacted, and it provides that actions taken by law enforcement officers who are not certified \u201cshall not be held invalid merely because of the failure to meet the standards and qualifications [for certification].\u201d It is true that Acts 846 and 44 of 1989 are repugnant in that Act 846 provides that only certified law enforcement officers have the authority to make arrests, while Act 44 provides that it does not matter whether officers are certified in order to make a valid arrest. However, that limited difference did not repeal the authority of law enforcement officers to make arrests.\nIn summary, the General Assembly has not abrogated the authority of law enforcement officers to make arrests. A law officer who is vested with the authority to make arrests can issue citations. Therefore, the citation issued in this case was not void, and we will not issue the writ of prohibition.\nWrit denied.",
        "type": "majority",
        "author": "Robert H. Dudley, Justice."
      }
    ],
    "attorneys": [
      "Jeff Duty, for petitioner.",
      "Winston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for respondent."
    ],
    "corrections": "",
    "head_matter": "Chris McDANIEL v. STATE of Arkansas\nCR 91-266\n826 S.W.2d 286\nSupreme Court of Arkansas\nOpinion delivered March 30, 1992\n[Rehearing denied May 4, 1992.]\nJeff Duty, for petitioner.\nWinston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for respondent.\nAppellant\u2019s petition denied; appellee\u2019s petition moot."
  },
  "file_name": "0020-01",
  "first_page_order": 44,
  "last_page_order": 46
}