Maxim of Law and Common Law Rule for Arrest

The Importance of Due Process in Arrests

• The law favors liberty above all things and applies a liberal interpretation to it.
• The common law rule for arrest procedure and process was established in this country.
• The constitution requires due process of law and a warrant based on probable cause for deprivation of liberty.
• Except in cases of treason, felony, or breach of peace in the presence of an officer, a warrant is necessary for due process of law.
• The due process clause of the Constitution protects citizens from unlawful arrests.
• A citizen cannot be summarily arrested for a misdemeanor without a warrant.
• Due process of law cannot depend on the will of the legislature expressed in a statute or charter.
• An arrest is a deprivation of one's liberty.
• The state constitution prohibits the deprivation of life, liberty, or property without due process of law.
• The procedure for arrest under common law constitutes due process today.
• The law is protective of citizen liberty, with greater formality required for less serious offenses.
• The citizen cannot be deprived of liberty without common law liability for arrest.

Note: The text repeats some points, so the summary may seem repetitive.

Quiz: Understanding the Maxim of Law and the Common Law Rule for Arrest Test your knowledge on the maxim of law that "Liberty is more favored than all things" and the common law rule for arrest. This quiz will cover important cases and legal principles related to the liberal interpretation of liberty and the procedures and processes for arrest. Challenge yourself and enhance your understanding of these key legal concepts.