Cite as 349 Ark. 600 (2002)
circumstances attending the encounter. Baxter v. State, 274 Ark. 539, 626 S.W.2d 935, cert. denied, 457 U.S. 1118, 102 S. Ct. 2930, 73 L. Ed. 2d 1331 (1982); Blakemore v. State, 25 Ark. App. 335, 758 S.W.2d 425 (1988).
Comment to Ark. R. Crim. P. 2.2 (2002). See also State v. McFadden, 327 Ark. 16, 938 S.W.2d 797 (1997). Likewise, the commentary to Ark. R. Crim. P. 12.1 provides that "[s]earches of the person shall be carried out with all reasonable regard for privacy . . . ."
In addition, this court has said that "Rule 8.1 is designed and has as its purpose to afford an arrestee protection against an unfounded invasion of liberty and privacy . . . basic and fundamental rights which our state and federal constitutions secure to every arrestee." Bolden v. State, 262 Ark. 718, 724, 561 S.W.2d 281, 284 (1978). See also Richardson v. State, 283 Ark. 82, 671 S.W.2d 164 (1984). We have also noted a right to privacy in connection with Rule 10.1:
Ark. R. Crim. P. 10.1 (2001) defines a search as follows: "[A]ny intrusion other than an arrest, by an officer under color of authority, upon an individual's person, property, or privacy, for the purpose of seizing individuals or things or obtaining information by inspection or surveillance, if such intrusion, in the absence of legal authority or sufficient consent, would be a civil wrong, criminal offense, or violation of the individual's rights under the Constitution of the United States or this state." (Emphasis added.) The commentary to Rule 10.1 notes that "[t]he key word in the definition is 'intrusion,' a term sufficiently broad to encompass any legally cognizable interference with an individual's right to privacy. . . . [T]he definition of 'search' is extended to cover any intrusions upon the privacy of an individual. [Emphasis omitted.]
Holmes v. State, 347 Ark. 530, 536-37, 65 S.W.3d 860, 863 (2002). Finally, we have declared privacy to be a critical factor in Ark. R. Crim. P. 16.2:
We say in [Rule 16.2] that before evidence is suppressed because of a violation of constitutional rights, a determination must be made as to: the importance of the particular interest violated; the
