The Law of Arrest in Civil And Criminal Actions
The Law of Arrest in Civil And Criminal Actions
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To quickly assess the difficulty of the text, read a short excerpt:
6^ Ibid.
ARKEST WITHOUT A WARRANT 83 illegally, she would have an action against the ar- resting party for the trespass.
§ 141. Arrest without Warrant for Breach of the Peace must be Immediate. — Though at common law an officer might without warrant arrest for a breach of the peace committed in his view, the ar- rest must have been made at the time of, or within a reasonable time after, the commission of the offence, ^^ — that is, the officer must immediately set about the arrest, and follow up... the effort until the arrest is made. Tliere must he a continued pursuit and no cessation of acts tending toward the arrest from the time of the commission of the offence until the apprehension of the offender.^ Any delay for purposes foreign to the arrest will make the officer a trespasser.
Where the officer saw the defendant committing a misdemeanor in the street, and went for another officer, returning in half an hour, when he arrested the defendant, he was held to be justified. ''" But a delay of two hours has been held unjustifiable.^^ § 142.
What to read after The Law of Arrest in Civil And Criminal Actions?
You can find similar books in the "Read Also" column, or choose other free books by Harvey Cortlandt Voorhees to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
6^ Ibid.
ARKEST WITHOUT A WARRANT 83 illegally, she would have an action against the ar- resting party for the trespass.
§ 141. Arrest without Warrant for Breach of the Peace must be Immediate. — Though at common law an officer might without warrant arrest for a breach of the peace committed in his view, the ar- rest must have been made at the time of, or within a reasonable time after, the commission of the offence, ^^ — that is, the officer must immediately set about the arrest, and follow up... the effort until the arrest is made. Tliere must he a continued pursuit and no cessation of acts tending toward the arrest from the time of the commission of the offence until the apprehension of the offender.^ Any delay for purposes foreign to the arrest will make the officer a trespasser.
Where the officer saw the defendant committing a misdemeanor in the street, and went for another officer, returning in half an hour, when he arrested the defendant, he was held to be justified. ''" But a delay of two hours has been held unjustifiable.^^ § 142.
What to read after The Law of Arrest in Civil And Criminal Actions?
You can find similar books in the "Read Also" column, or choose other free books by Harvey Cortlandt Voorhees to read onlineMoreLess
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