Arrest

“ So also is an arrest by peace-officers, without a warrant, of persons actually engaged in any breach of the peace, or of persons assembled and arming, or otherwise preparing for the immediate perpetration of murder; because such an assembly and such a perpetration are in themselves criminal, and the arrest is actually necessary for the prevention of the accomplishment of a still more heinous design. ”

“ No man can be seized except in order to be brought before the police officer; and no man can be put under arrest or detained, except in virtue of a warrant from police officers. an order of arrest from a tribunal, a decree of accusation of the legislative body, in case the decision belongs to it, or of a sentence of condemnation to prison or correctional detention. ”

“ An arrested man, by definition conscious of the police interest in him, and provided almost immediately with a lawyer and a judge, is in an excellent position to dispute the reasonableness of his arrest and contemporaneous search in a full adversary proceeding. ”

“ Whoever shall offer resistance to any capture or arrest for violating any of the provisions of these laws shall be punished, not only for the original offence for which he was arrested, but also for resisting an officer. ”

“ An arrest is a wholly different kind of intrusion upon individual freedom from a limited search for weapons, and the interests each is designed to serve are likewise quite different. An arrest is the initial stage of a criminal prosecution. ”

“ It is true that the police have to interrogate to arrest; it is not true that they may arrest to interrogate. [7] I would hold that any confession obtained by the police while the defendant is under detention is inadmissible, unless there is prompt arraignment and unless the accused is informed of his right to silence and accorded an opportunity to consult counsel. ”

“ UNEXPLAINED arrest, which would greatly astonish an Englishman nowadays, was then a very common proceeding of the police. Recourse was had to it, notwithstanding the Habeas Corpus Act, up to George II.'s time, especially in such delicate cases as were provided for by lettres de cachet in France ”

“ For example, the Court has recognized that an arrest creates an emergency situation justifying a warrantless search of the arrestee's person and of 'the area from within which he might gain possession of a weapon or destructible evidence' ”

“ As a general rule no one can be arrested without warrant. To this rule there are certain exceptions either at common law or by statute. At common law a justice of the peace, a sheriff, a coroner, a constable and even a private person, may arrest any one without warrant for a treason, felony or breach of the peace committed, or attempted to be committed, in his presence. ”

“ Your duty is to arrest every man, woman, or child that makes any demonstration of satisfaction or dissatisfaction at the result of the hearing of a case, and to put them in the dock, and give evidence as to their contempt of court. I’ll deal with them after that.” The officer went down, and orders were given to his men, of whom there were about fifty in the court, to arrest any one expressing his feelings. The first prisoner to be tried was a man named O’Halloran, and his case excited a great deal of interest. ”

“ He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterwards appear that a felony had been committed, but that the person arrested did not commit it. ”

“ A justice might issue a warrant for the arrest, conduct the search himself, effect the capture, examine the accused with and without witnesses, extract a confession by alternately cajoling him as a friend and bullying him as a magistrate, commit him, and finally give damning evidence against him at his trial. ”

“ The original arrest and detention were lawful. A person, duly charged with a felony in one state, may, if he flees to another, be arrested, without a warrant, by a peace officer in the state in which he is found, and be detained for the reasonable time necessary to enable a requisition to be made. ”

“ Thus, by the side of the regular courts of law which prescribe specific penalties for defined offences proved against a man by a regular form of trial, arbitrary governments resort to various extrajudicial forms of arrest, detention, and punishment, depending on their own will and pleasure. ”

“ Nay, more, if the men become riotous, you may arrest them without a magistrate’s warrant, and take them to prison, and the magistrates, who have no choice (they have not to make, but only to administer the law) , will commit them to prison for twelve weeks with hard labour, or, better still for you, you may send for a policeman on board to overawe the mutineers, and induce them to do their duty! ”

“ Any private individual may, by night or day, arrest without warrant one whom he sees committing a felony or a breach of the peace or running off with goods which he has stolen. If he knows that a felony has been committed and has reasonable grounds for suspecting that it was the act of a certain person, he may arrest the latter, although without personal knowledge of his guilt. ”

“ When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. ”

“ That arrest on mesne process was the means of inflicting an inconceivable amount of unjustifiable suffering, and was often a mere vehicle for oppression—is indisputable. The abolition of arrest on final process stands on very different grounds. ”

“ His remarkable [Pg 10] success he attributes to the observance of the following rules which he here prints for the benefit of young officers:
I. Never hit a prisoner over the head with your pistol, because you may afterwards want to use your weapon and find it disabled. Criminals often conceal weapons and sometimes draw one when they are supposed to have been disarmed.
II. Never attempt to make an arrest without being sure of your authority. Either have a warrant or satisfy yourself thoroughly that the man whom you seek to arrest has committed an offense. ”

“ An intent to oppose by force any officer of justice on his way to, in, or returning from the execution of the duty of arresting, keeping in custody, or imprisoning any person whom he is lawfully entitled to arrest, keep in custody, or imprison, or the duty of keeping the peace or dispersing an unlawful assembly, provided that the offender has notice that the person killed is such an officer so employed. ”

“ When you go to the city, boys, you better have the kale,† Or the law, they'll arrest you, and they'll put you in jail. The judge he'll fine you, they'll shake you down, If you haven't got the money, boys, you're jailhouse bound. Chorus: 7
If you got a good man, woman, you better keep him at home, For those city women won't leave him alone. ”

“ We command that our alguazil-mayor or his deputies, whensoever they shall be directed to arrest any person, shall do so and act accordingly without delay, concealment, or negligence—under a penalty of forty pesos for every occasion on which they do the contrary, in addition to the damage and concern of the parties, and of that which has been adjudged and decreed.
91. Item: We command that if a malefactor be found committing a crime they may and shall arrest him without a warrant. ”

“ Thirdly, Officers of public Justice may justify the Arrest of a Felon by Virtue of their Office, without any Warrant. Whatever therefore a private Person may do as above, will certainly be justifiable in them. ”

“ The arrest or confinement, or restoration of a fugitive, merely because he is such, falls not regularly within the objects of police regulations; for such a person may be obnoxious to no charge of violence or disorder ”

“ An Arrest, say the old Books, proceeds out of the inferior courts by precept; an attachment, out of the superior courts by precept, or writ. (Lamb. Eiren. L. 1. c. 16.) An Arrest lies only against the body of a Man; an Attachment, sometimes against the goods only. Thus Kitch. (fol. 279. b.) says, a man may attach a cow; and, in another case, that a man may be attached by a hundred sheep; and it is sometimes awarded against the body and goods together. ”

“ You understand that perjury is a most serious criminal offence?”
145 CHAPTER XIII On the arrest of a man for murder he is taken before the magistrates at the earliest possible opportunity, but only to be formally charged—that is, evidence of arrest is given, and a remand, generally for a week, is asked for and obtained. ”

“ Yet such is the submission of the people to a government they abhor, that it is scarcely thought requisite now to arrest any person formally: those whom it is intended to secure often receive nothing more than a written mandate* to betake themselves to a certain prison, and such unpleasant rendezvous are attended with more punctuality than the most ceremonious visit, or the most gallant assignation. ”

“ A study of the common law on the question whether a constable had the authority to make warrantless arrests in the home on mere suspicion of a felony--as distinguished from an officer's right to arrest for a crime committed in his presence--reveals a surprising lack of judicial decisions and a deep divergence among scholars. ”

“ The rule of the common law, that a peace officer or a private citizen may arrest a felon without a warrant, has been generally held by the courts of the several states to be in force in cases of felony punishable by the civil tribunals. ”

“ Principal among them is the provision that no one be arrested without a warrant setting forth the offense, unless caught in flagranti, and the provision that every person imprisoned be informed of the cause of his imprisonment and submitted to examination within forty-eight hours after arrest, and not be detained for a longer time than permitted by law. ”

“ I was arrested Sunday night on the street on my way home, by Government detectives. I gave them a false name. I never was in the Rebel army. Have never taken the oath of allegiance; have never been asked to take it; think my arrest was not justified. ”

“ Altogether I take very careful counsel before arresting anyone. It was the same in the case of Dr. Kramář. A domiciliary search—I am in favour of that immediately. But to arrest a man,—no, then I reflect for a long time. ”

“ The law of habeas corpus is recognized, by which anyone detained more than twenty-four hours without having his case submitted to the proper authorities may present himself, or be represented by a proxy, before the judge with a complaint, and the judge is bound to investigate the arrest and to decree the liberty of the detained person in case no legal reason for his further detention can be established. ”

“ Every man being presumed innocent until he has been pronounced guilty, if it is thought indispensable to arrest him, all severity that may not be necessary to secure his person ought to be strictly repressed by law. ”

“ Persons subject to suspicion of hostile purposes, residing or being near our Forces, will be, as heretofore, subject to arrest and detention, until the cause or necessity is removed. All such arrested parties will be sent, as usual, to the Provost-Marshal General, with a statement of the facts in each case. ”

“ The arrest of the person appears necessary: (i) To ensure the person's appearance at trial, (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances. ”

“ Sometimes they arrest a man whom they think the court could not convict, and an excuse is found for not watching him very closely when he is being taken to the nearest jail; perhaps a guard is called away when they stop for food. ”

“ Suspicion, also, where it is violent and strong, is, in many cases, a good cause of imprisonment. Suppose a felony done, and the hue and cry of the country is raised, to pursue and take the offender, any man may arrest another whom he finds flying ”

“ You will find that if you do not protect your prisoners when they are in your possession, those whom you afterwards attempt to arrest will resist you more fiercely, and if they think they will be badly dealt with after arrest, will be inclined to sell their lives as dearly as possible. ”

“ As already indicated, the first arrest was a temporary precaution for the preservation of good order and for further investigation. There was no opportunity for the preparation of charges and specifications, and evidently this was not the arrest contemplated by the above act. ”

“ In this country, all arrests are false arrests because it is a statement of intent that all men are innocent until proven guilty by a court of justice! Ergo, we take you into custody whether innocent or guilty and we will permit the judgment of the court to decide your status. ”

“ The policeman who finds a drunken man or woman on his beat arrests the unfortunate with as much wrath and probably as much brutality as he would show a burglar or a murderer; the committing magistrate before whom the victim [Pg 127] is taken treats him or her precisely as he would treat a criminal; in the various penal institutions to which this man or woman is committed the idea upon which their whole treatment is based is that of punishment. ”

“ No explanation—your papers!—Or would you like me to have you arrested as a vagabond?"
"Me—-arrested!"
"I tell you that, if you refuse to show me your papers, it will be as if you had none. Now, those people who have no papers we take into custody till the authorities can dispose of them. ”

“ A generation ago, people who got arrested were usually thieves, or drunkards, or crooks and criminals of some kind. To be a law-breaker and in the clutches of the police was something that a reputable citizen shuddered at. ”