Can Oklahoma lawmakers be arrested while the legislature is in session?
FOX 25 examined that question in the wake of the arrest of Rep. Dean Davis (R-Broken Arrow).
According to police records, the incident happened at Skinny Slim's in Bricktown shortly after 2 a.m. on Thursday.
The police report alleges that Rep. Davis and two others were at the bar's patio when officers took him into custody for public intoxication.
During the arrest, officers explained that Rep. Davis and those with him — which the representative reported were also lawmakers — were at the bar past closing.
Rep. Davis was booked into the Oklahoma County Detention Center.
FOX 25 obtained a state representative identification card, which stipulates, "Senators and Representatives shall, except for treason, felony, or breach of the peace, be privileged from arrest during session of the Legislature, and in going to and returning from the same, and, for any speech or debate in either House shall not be questioned in any other place."
While in custody, Rep. Davis asserted that the officer could not arrest him, per state law. "If you read the law, you cannot do that right now, but you just did," explained the representative.
The officer countered, arguing he had the authority to make the arrest.
While in handcuffs inside the patrol car, Rep. Davis stated that officers did not conduct any sobriety tests.
According to him, "You did not one assessment, not anything."
Rep. Davis also shared that a meeting with capitol leadership happened shortly before the arrest.
"I had a meeting here. Or actually I just had a meeting with the leadership," he explained.
During an address on the Oklahoma House floor later on Thursday, the representative asserted that, "I dispute any wrongdoing, however, I do want to take this opportunity to apologize to this body for creating this unnecessary distraction."
A similar situation happened in October when Edmond Republican Rep. Ryan Martinez was arrested for driving under the influence, according to police.
Rep. Martinez told officers he couldn't be arrested during session.
FOX 25 requested information from the Oklahoma City Police Department regarding the laws surrounding the arrests of lawmakers during session. The department released the following statement:
If a person is intoxicated in public and arrested for such offense, then the arrest is lawful per the City of Oklahoma City ordinance.
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