22 Questions
Which officers were entrusted with special powers as conservators of the peace in England?
Sheriffs
What is the extent of the power to arrest without a warrant for sheriffs, constables, and other officers?
They can arrest for any reason
How are constitutional provisions of rights to be interpreted?
According to the law established before the Constitution
When can arrests be made without a warrant?
Only for felonies and breaches of the peace committed in the presence of the arresting officer
What is the consequence of making an arrest without a warrant in a case that does not involve a felony or breach of peace?
The arrest is unlawful
What is the liability of a police officer who exceeds his powers in making an arrest?
He becomes a trespasser
What is the legal principle underlying the case in New Jersey?
The arrest was without authority and violated the safeguards for personal liberty
In which cases were arrests without warrant justified under the common law?
Acts that involved treason or felony
What is the requirement for an officer to arrest someone for a statutory misdemeanor?
A warrant is required
Which clause in the constitution protects citizens from unlawful arrests without warrant?
The due process clause
According to the common law, when can a peace officer or a private citizen arrest a felon without a warrant?
Only when the misdemeanor constitutes a breach of the peace.
What is the general rule regarding arrests for misdemeanors at common law?
Arrests for misdemeanors are not lawful unless they involve a breach of the peace.
What is the basis for the rule that a peace officer cannot arrest without a warrant for a misdemeanor at common law?
To preserve the immediate public peace.
What does the concept of 'due process of law' require in the matter of arrests?
That no citizen shall be deprived of their rights without the law of the land or the judgment of their peers.
Which of the following is true about arrests without a warrant?
They are generally not permitted, except in cases of felony or breach of the peace committed in the presence of the arresting officer.
Under what circumstances can a police officer arrest someone without a warrant?
If the person has committed a felony or a dangerous wounding likely to result in felony.
What did the Supreme Court of Wisconsin say about the legality of an arrest without a warrant?
It is illegal to arrest a citizen without a warrant, except in cases of felony or breach of the peace committed in the presence of the arresting officer.
What are the limitations on arrests without a warrant for misdemeanors?
They are limited to breaches of the peace or affrays committed in the presence of the arresting officer.
When can an arrest be made without a warrant?
When there is a breach of the peace
What is the purpose of the "due process of law" provision of the constitution?
To protect citizens from arbitrary infringement of their right to personal liberty
Can a statute or ordinance allow arrests without a warrant?
No, it would be unconstitutional
What did the Supreme Court of Michigan hold regarding arrests without a warrant?
They are only lawful for cases ex istine at common law
Study Notes
The Constitutional Principle of Arrest Without Warrant
- Sheriffs, constables, and other executive branch officers have the authority to arrest for felonies and certain misdemeanors.
- This authority is based on ancient common law safeguards of individual liberty.
- In England, conservators of the peace had the power to arrest felons and suspected felons, as well as make warrantless arrests for misdemeanors involving a breach of the peace.
- Constitutional provisions of rights are interpreted based on common law procedures and the law established before the Constitution was adopted.
- The common law limited the powers of state agents and strictly enforced the requirement for an arrest warrant.
- Due process of law protects citizens from arbitrary infringement of their right to personal liberty.
- No arrest can be lawfully made without a warrant, except for cases that existed at common law before the Constitution was adopted.
- There are cases where arrests without a warrant are allowed for strict public necessity, such as when a felony is being committed or has been committed and the arresting officer has reasonable belief of the suspect's involvement.
- The common law rule allows for warrantless arrests for breaches of the peace but does not extend to all misdemeanors.
- Personal liberty is a high prerogative right, and specific authority for arrests must be found to deprive someone of that right.
- The Supreme Court of Minnesota and the Supreme Court of Rhode Island emphasize the need for a compelling necessity to make an arrest without a warrant, even for felonies.
- Arrests without a warrant at common law are deemed unlawful unless the public security demanded it. Due process of law controls the arrest process and must follow the process that existed at common law to prevent the exercise of arbitrary power.
"Quiz: Understanding the Powers of Arrest and Detention Without Warrant" Test your knowledge on the authority of law enforcement officers to arrest individuals for breach of peace, felony offenses, and dangerous woundings. Explore the conditions under which officers can carry out warrantless arrests, including the use of force and the rights of the arrested individuals.
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