ARREST

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ARREST

ARREST

ARREST, in criminal cases. The apprehending or detaining of the person, in order to be forthcoming to answer an alleged or suspected crime. The wordarrest is more properly used in civil cases, and apprehension in criminal. Aman is arrested under a capias ad respondendum, apprehended under a warrantcharging him with a larceny. 2. It will be convenient to consider, 1, who may be arrested; 2, forwhat crimes; 3, at what time; 4, in what places; 5, by whom and by whatauthority. 3.-1. Who may be arrested. Generally all persons properly accused ofa crime or misdemeanor, may be arrested; by the laws of the United States,ambassadors (q.v.) and other public ministers are exempt from arrest. 4.-2. For what offences an arrest may be made. It may be made fortreason, felony, breach of the peace, or other misdemeanor. 5.-3. At what time. An arrest may be made in the night as well as inthe day time and for treasons, felonies, and breaches of the peace, onSunday as well as on other days. It may be made before as well as afterindictment found. Wallace's R. 23. 6.-4. At what places. No place affords protection to offendersagainst the criminal law; a man may therefore be arrested in his own house,(q.v.) which may be broken into for the purpose of making the arrest. 7.-5. Who may arrest and by what authority. An offender may bearrested either without a warrant or with a warrant. First, an arrest may bemade without a warrant by a private individual or by a peace officer.Private individuals are enjoined by law to arrest an offender when presentat the time a felony is committed, or a dangerous wound given. 11 Johns. R.486 and vide Hawk. B. 1, c, 12, s. 1; c. 13, F3. 7, 8; 4 Bl. Com. 292; 1Hale, 587; Com. Dig. Imprisonment, H 4; Bac. Ab. Trespass, D. 3. Peace officers may, a fortiori, make an arrest for a crime ormisdemeanor committed in their view, without any warrant. 8 Serg. & R. 47.An arrest may therefore be made by a constable, (q.v.) a justice of thepeace, (q.v.) sheriff, (q.v.) or coroner. (q.v.) Secondly, an arrest maybe made by virtue of a warrant, (q.v.) which is the proper course when thecircumstances of the case will permit it. Vide, generally, 1 Chit. Cr. Law,11 to 71; Russ. on Cr. Index, h.t.

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