3.1 Arizona Laws of Arrest (ARS 13-3881 through 13-3898)

Arizona Laws of Arrest (ARS 13-3881 through 13-3898)

Quick Answer: Under ARS § 13-3881, an arrest is perfected either by actual physical restraint of the person or by the person's voluntary submission to the custody of an officer. Under ARS § 13-3883, peace officers may make warrantless arrests for felonies based on probable cause, for misdemeanors committed in their presence, for traffic collision offenses, and for specific out-of-presence misdemeanors including domestic violence (ARS § 13-3601), physical injury, and property damage. Force used must be reasonable and immediately necessary under ARS § 13-409, with deadly physical force strictly restricted to defense of life or dangerous fleeing felons under ARS § 13-410 and Tennessee v. Garner.

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Statutory Definition and Perfection of an Arrest

In Arizona jurisprudence, an arrest is not merely an officer's subjective mental intention; it is a legally defined physical and procedural event governed by statute. Under ARS § 13-3881(A), an arrest is defined and made in one of two distinct ways:

1. Actual Physical Restraint: The officer physically grasps, holds, or applies mechanical restraints (such as handcuffs) to the subject's body.
2. Submission to Custody: The subject explicitly or implicitly submits to the officer's verbal assertion of authority and custody without the officer needing to apply physical force.

Timing of Arrest (ARS § 13-3882)

Under ARS § 13-3882, an arrest may be made on any day and at any time of the day or night. Arizona statutes do not impose nighttime, weekend, or holiday restrictions on executing lawful felony or misdemeanor arrests.

Prohibition of Unnecessary Force (ARS § 13-3881(B))

Under ARS § 13-3881(B), "No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than is necessary for his detention." This statutory limitation forms the baseline for both administrative discipline and civil liability under federal Section 1983 civil rights claims.

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The Three Progressive Tiers of Police-Citizen Contact

Every law enforcement interaction in Arizona falls into one of three constitutional categories. Peace officers must recognize the required legal justification, the scope of officer authority, and the citizen's legal obligations at each progressive tier:

1. Consensual Contact

A consensual encounter involves voluntary communication between an officer and a member of the public. As long as a reasonable person would feel completely free to disregard the police and go about their business, no Fourth Amendment seizure has occurred (United States v. Mendenhall, 1980). An officer may ask questions, ask to examine identification, and request voluntary consent to search bags or vehicles. However, if the officer uses physical force, displays weapons, uses an authoritative tone commanding compliance, blocks paths of travel, or activates emergency lights without legal justification, the encounter transforms into an unlawful seizure.

2. Investigative Detention (Terry Stop)

Under Terry v. Ohio (1968), an officer may briefly seize a person if the officer possesses reasonable suspicion—articulable facts and rational inferences indicating that criminal activity has occurred, is occurring, or is about to occur.

• Duration & Scope: The detention must be temporary, lasting no longer than necessary to diligently confirm or dispel the suspicion using the least intrusive investigative methods reasonably available (United States v. Sharpe, 1985).
• Failure to Identify (ARS § 13-2412): Under Arizona statute, it is a class 2 misdemeanor for any person who is lawfully detained on reasonable suspicion of a crime to fail or refuse to state their true full name upon request. However, the person cannot be compelled under this statute to provide physical identification cards, birth dates, or social security numbers.

3. Custodial Arrest

A custodial arrest represents the most significant deprivation of liberty short of incarceration. It requires probable cause—objective facts that would lead a person of reasonable caution to believe that an offense has been committed and that the individual being arrested committed that offense (Beck v. Ohio, 1964). Once arrested, the suspect is formally in police custody, is subject to a full search of their person and immediate wingspan under Chimel v. California (1969), and triggers custodial interrogation rules under Miranda v. Arizona (1966).

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Warrantless Arrest Authority (ARS § 13-3883)

Under ARS § 13-3883(A), an Arizona peace officer may arrest a person without a warrant under four statutory prongs:

                         ┌───────────────────────────────────────────────────────────┐
                         │         WARRANTLESS ARREST PRONGS (ARS § 13-3883)         │
                         └─────────────────────────────┬─────────────────────────────┘
                                                       │
         ┌─────────────────────────┬───────────────────┴───────────────────┬─────────────────────────┐
         ▼                         ▼                                       ▼                         ▼
    PRONG 1:                   PRONG 2:                                PRONG 3:                  PRONG 4:   
 Felony Offenses        Sensory Misdemeanors                    Out-of-Presence Misd.       Traffic Collisions
 (Probable cause;         (Committed in direct                    Exceptions (ARS § 13-3883)  (Reasonable grounds
  in or out of presence)   sensory presence of officer)           • Domestic Violence (§ 13-3601)  arising from collision
                                                                  • Physical injury / threats      investigation)
                                                                  • Property damage / destruction

Prong 1: Felony with Probable Cause (In or Out of Presence)

An officer may arrest without a warrant whenever there is probable cause to believe that a felony has been committed and that the person to be arrested committed it. It does not matter whether the felony occurred in the officer's presence or days earlier.

Prong 2: Misdemeanor or Petty Offense Committed in Presence

An officer may arrest without a warrant for any misdemeanor or petty offense committed in the officer's presence. "Presence" is not limited to sight; it includes any offense detected through any of the officer's five senses (hearing gunshots, smelling burning marijuana or alcoholic beverages, or feeling concealed objects).

Prong 3: Out-of-Presence Misdemeanor Exceptions

Generally, Arizona law strictly prohibits warrantless misdemeanor arrests if the offense occurred outside the officer's presence. However, ARS § 13-3883(A)(2)-(3) carves out three critical statutory exceptions where warrantless arrest is authorized even though the officer did not observe the act:

1. Domestic Violence Offenses (ARS § 13-3601): Misdemeanors arising from domestic relationships (such as assault, disorderly conduct, or criminal damage between spouses, cohabitants, or parents of a child). Under ARS § 13-3601(B), arrest is mandatory if the officer develops probable cause to believe domestic violence occurred and there is physical injury, a weapon was used, or a continuing dispute threatens further violence.
2. Physical Injury or Threatened Physical Injury: The misdemeanor involved actual bodily harm or an immediate threat of physical injury to another person (e.g., assault under ARS § 13-1203).
3. Damage or Destruction of Property: The misdemeanor involved damage or destruction of real or personal property (e.g., criminal damage under ARS § 13-1602).

Prong 4: Traffic Collisions

Under ARS § 13-3883(A)(4), an officer who responds to and investigates a motor vehicle collision scene may make a warrantless arrest if the officer develops reasonable grounds to believe that a driver involved in the collision committed a traffic-related criminal offense or misdemeanor. Common examples include DUI under ARS § 28-1381, leaving the scene of an accident under ARS § 28-662, and reckless driving under ARS § 28-693.

Exam Trap — Out-of-Presence Misdemeanors: On the AZ POST exam, recruits are frequently tested on scenarios involving completed property offenses without damage or non-violent regulatory violations reported after the fact (e.g., past shoplifting without present merchandise, non-violent trespass, or loud party noise complaints). If the misdemeanor did not occur in the officer's presence, did not involve domestic violence, did not involve physical injury or threatened injury, did not cause property damage, and did not arise from a traffic collision, a warrantless arrest is unlawful. The officer must instead submit the investigation for a long-form complaint through the prosecutor or obtain an arrest warrant from a magistrate.

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Citizen's Arrest Authority vs. Merchant Detention Privilege

Arizona peace officers routinely respond to calls where security guards, store managers, or private citizens have physically detained someone. Officers must verify whether the detention was legally valid.

Citizen's Arrest (ARS § 13-3884)

Under ARS § 13-3884, a private person may make an arrest under three strict, narrow circumstances:

1. Felony Actually Committed: A felony has in fact been committed, and the private person has reasonable grounds to believe the person arrested committed it.
2. Felony in Presence: A felony is committed in the private person's presence.
3. Breach of the Peace Misdemeanor in Presence: A misdemeanor amounting to a breach of the peace is committed in the private person's presence.

Critical Legal Distinction: A private citizen cannot arrest for an ordinary misdemeanor (such as simple petty theft, joyriding, or non-violent trespass) that does not involve a breach of the peace. A breach of the peace requires public disorder, violence, or an immediate threat of violent tumult.

Merchant Detention Privilege (ARS § 13-1805)

Retail merchants and loss prevention agents operate under a separate statutory protection. Under ARS § 13-1805(C):

• A merchant or agent who has reasonable cause to believe shoplifting has occurred or is being attempted on store premises may detain the person.
• The detention must be conducted in a reasonable manner and for a reasonable period of time.
• The detention is strictly for the purpose of questioning, verifying merchandise, or summoning a peace officer.
• Reasonable cause constitutes a complete defense to civil or criminal actions for false arrest, false imprisonment, or wrongful detention.

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Entry into Premises to Effect an Arrest

Entering a private residence to make an arrest triggers the highest level of Fourth Amendment scrutiny and specific Arizona statutory mandates.

Statutory Knock and Announce (ARS § 13-3891)

Under ARS § 13-3891, an officer may break open an outer or inner door or window of any building to make an arrest under a warrant or warrantless arrest authority if:

1. The officer has announced their authority and purpose (e.g., "Police! Open the door, we have an arrest warrant!"); and
2. The officer is refused admittance after allowing a reasonable opportunity for the occupants to respond.

Under ARS § 13-3892, an officer may also break open a building to liberate themselves or any assisting officer or citizen who entered lawfully and is detained or trapped inside.

Constitutional Restrictions: Payton vs. Steagald

Arizona statutory entry powers under ARS § 13-3891 must be exercised in strict conformity with two controlling United States Supreme Court constitutional precedents:

                               RESIDENTIAL ENTRY TO ARREST
                                             │
                 ┌───────────────────────────┴───────────────────────────┐
                 ▼                                                       ▼
       ENTRY INTO SUSPECT'S OWN HOME                         ENTRY INTO THIRD-PARTY'S HOME
           (Payton v. New York)                                 (Steagald v. United States)
                 │                                                       │
     Warrantless routine felony                              Arrest warrant for suspect DOES NOT
     home arrest is UNCONSTITUTIONAL.                        authorize entry into third party's house.
                 │                                                       │
     Requirements for Entry:                                 Requirements for Entry:
     1. Valid Arrest Warrant for suspect;                    1. Valid Search Warrant for third party's home;
     2. Reason to believe suspect resides there; AND         2. Valid Consent from third party; OR
     3. Reason to believe suspect is inside now.             3. Exigent circumstances (e.g., hot pursuit).

1. Payton v. New York (1980): In the absence of exigent circumstances or voluntary consent, police may not enter a private residence to make a routine warrantless felony arrest. However, an arrest warrant carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is currently within.
2. Steagald v. United States (1981): An arrest warrant for suspect A does not give officers the lawful authority to enter the private home of third-party B to search for suspect A. To enter a third party's residence to arrest an invited guest or visitor, officers must obtain a search warrant naming suspect A as the person to be seized, obtain voluntary consent from the homeowner, or demonstrate true exigent circumstances (such as active hot pursuit).

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Duty to Inform Arrestee (ARS § 13-3887 & § 13-3888)

When making an arrest, peace officers have an affirmative statutory duty to inform the person being taken into custody:

• Arrest with a Warrant (ARS § 13-3887): The officer must inform the person of the existence of the warrant and the authority for the arrest. The officer is not required to have the physical warrant in hand at that exact moment, but must show it to the arrestee as soon as practicable upon request.
• Arrest without a Warrant (ARS § 13-3888): The officer must inform the person of the officer's authority and the cause of the arrest.
• Statutory Exceptions: Under both statutes, the duty to inform does not apply if the person to be arrested:
  • Is actively engaged in the commission of the offense;
  • Is pursued immediately after its commission or after an escape;
  • Flees before the officer has an opportunity to inform them; or
  • Forcibly resists before the officer can speak.

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Justification and Use of Physical Force in Arrest

Arizona statutes establish strict parameters governing physical and deadly force applied during an arrest or detention:

Justification for Physical Force (ARS § 13-409)

A peace officer or citizen assisting an officer is justified in threatening or using physical force against another person if a reasonable person would believe that such force is immediately necessary to effect an arrest or detention or prevent escape, provided:

1. The officer makes known the purpose of the arrest or reasonably believes the purpose is already known; and
2. A reasonable person would believe the arrest or detention is lawful.

Justification for Deadly Physical Force (ARS § 13-410)

Deadly physical force is justified in law enforcement only under extraordinary circumstances, codifying the constitutional restrictions of Tennessee v. Garner (1985):

• Defense of Life: The officer reasonably believes that deadly physical force is immediately necessary to protect the officer or a third party from the use or imminent use of deadly physical force.
• Fleeing Felon Standard: Deadly physical force to effect an arrest or prevent escape is justified only when the officer has probable cause to believe that the suspect has committed, attempted to commit, or is evading arrest for a felony involving the infliction or threatened infliction of serious physical injury or death, or when the suspect is attempting to escape using a deadly weapon, and the officer gives a verbal warning if feasible.

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Citation in Lieu of Detention (ARS § 13-3903)

Rather than booking every misdemeanor offender into a county jail facility, Arizona law encourages field release. Under ARS § 13-3903(A), whenever an officer arrests a person without a warrant for a misdemeanor or petty offense, the officer may prepare a written notice and complaint directing the person to appear before a magistrate at a specified date and time.

Requirements for Citation Release

To be released on citation, the arrestee must sign a written promise to appear. The signature is not an admission of guilt; it is simply a legal promise to appear in court.

Mandatory Custody Exceptions (When Citation Is Prohibited)

Officers must not release an arrestee on citation and must maintain physical custody if any of the following mandatory conditions apply:

• The person refuses to sign the written promise to appear.
• The person fails or refuses to provide satisfactory evidence of personal identity.
• The person represents a continuing danger to themselves or others (e.g., severe intoxication, violent agitation).
• Physical arrest is mandated by statute (e.g., domestic violence under ARS § 13-3601 where there is an ongoing threat, injury, or prior violent history).
• Active outstanding arrest warrants are discovered.

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Multi-Jurisdictional Fresh Pursuit (ARS § 13-3897 & § 13-3898)

Under the Uniform Act on Fresh Pursuit (ARS § 13-3897), any peace officer of another state or another Arizona jurisdiction who enters an area in fresh pursuit of a person who has committed a felony, or whom the officer has reasonable grounds to suspect of committing a felony, has full authority to arrest and hold that person in custody.

• Definition of Fresh Pursuit: Pursuit does not require continuous bumper-to-bumper sirens, but must be continuous, immediate, and without unreasonable delay or interruption.
• Post-Arrest Duty (ARS § 13-3898): Following a fresh pursuit arrest across county or state lines, the officer must take the arrestee before the nearest or most accessible magistrate of the county in which the arrest occurred without unnecessary delay to determine the lawfulness of the pursuit and arrest.