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AR: Defective arrest warrant not a bar to prosecution

By John Wesley Hall, Jr.

On a state's appeal from dismissal of charges against City Council members because of a defective arrest warrant, a defective warrant does not deprive the court of jurisdiction to try the defendant. A defective warrant might require suppressing a statement obtained under the defective arrest warrant, but that was not an issue here. State v. Richardson, CR07-610 (Ark. March 13, 2008): An illegal arrest, without more, has never been viewed as either a bar to subsequent prosecution or an absolute argument against a valid conviction. Biggers v. State, 317 Ark. 414, 878 S.W.2d 717 (1994) (citing United States v. Crews, 445 U.S. 463 (1980)); see also Wallace v. State, 314 Ark. 247, 862 S.W.2d 235 (1993). While an invalid arrest may call for the suppression of a confession or other evidence, it does not entitle a defendant to be discharged from responsibility for the offense...continue to full post

Full post as published by Fourth Amendment on March 13, 2008 (boomark / email).