Police officer sued for civil rights violation for arrest at farm

|
Roger McEowen

The Fourth Amendment protects against unreasonable searches and seizures, which includes the right to be free from arrest without probable cause. However, an arresting officer must also have proper jurisdiction to make an arrest. That was the issue in this case.  A 911 emergency call was place from a farm located on the Arkansas/Oklahoma border. The Benton County, Arkansas, sheriff’s department responded to the call and arrested a prowler in a closet in the garage. However, according to a Global Positioning System (GPS) map, the state line runs through the farm in such a way that the mailbox is in Arkansas and the garage is in Oklahoma. Because the prowler was in Oklahoma at the time of his arrest, the prowler claimed that his arrest was extra-jurisdictional and illegal under Arkansas law. The court agreed, noting inconsistent rulings by the U.S. Court of Appeals for the Eighth Circuit on the issue. Engleman v. Ferguson, No. 05-5132 (W.D. Ark.Mar. 28, 2007).

The Center for Agricultural Law and Taxation does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. The Center's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.