Meaning of "Direct Supervision" in 12-9-303. Can auxillary law enforcement officers legally make valid arrests even though their supervisor may be located at the police station? Must they be under "direct supervision" -- meaning another full time law enforcement officer must be present? ANSWER:

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-59 March 19, 1986 ‘Honorable Scott Hunter Prosecuting Attorney Craighead County 514 W. Washington Ave. P.O. Box 926 Jonesboro, AR 72401 Dear Mr. Hunter: - ‘This letter is written in response to your request for an official opinion regarding the meaning of "direct supervision" as used in Ark, Stat. Ann. §42-1401 et seq. (Supp. 1985), Your specific question is whether direct supervision as used in the above-quoted statute means a full time certified law enforcement officer must be physically present with the auxiliary law enforcement officer in order for the auxiliary officer to make a lawful arrest. : Ark. Stat. Ann. §42-1405(a) and (b) (1985 Cumm, Supp. ) states; , ; (a). An auxiliary law enforcement ‘officer shall have the authority of a police officer as set forth by statutes -.0£ ‘this State when the .auxiliary law . enforcement officer is performing - an assigned . duty and is under the supervision. of a full time certified law enforcement officer. (b) 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 shali have no. authority other than: that: of a ‘private citizen. this” sub ~ section was inter reted in the case of Brewer re v. State, 286 Ark. 1, 688 S.W.2 736 (Ark, 1985.). The Court. 0 . ~ ‘in that case found that the auxiliary officers were on patrol and were not in the presence of a full time certified © law enforcement officer, thus they were not supervised and had no power to make a misdemeanor arrest. It is my opinion, based on the statute and the above-quoted decision, that an auxiliary law enforcement officer only has police powers when he is in the actual - presence of a full time certified law enforcement officer. Otherwise, he has no authority other than that of a private citizen. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Randel K. Miller. Sincerely, SC/RKM/1jm