CHAPTER III. ARREST BY AN OFFICER UNDER A WARRANT. SECTION 167. Arrest defined. 168. By whom arrest may be made. 169. Every person bound to aid an officer in an arrest. 171. How an arrest is made. 172. No further restraint allowed than is necessary. 173. Officer must state his authority, and show warrant, if required. 174. If defendant flee or resists, officer may use all necessary means to effect arrest. 175, 176. When an officer may break open a door or window. § 167. Arrest defined. Arrest is the taking of a person into custody that he may be held to answer for a crime. Killoran v. Barton (1882), 26 Hun 649; People v. Glennon (1903), 175 N. Y. 55; People v. Jeratino (1909), 62 Misc. 587, 116 N. Y. Supp. 1121. § 168. By whom an arrest may be made. An arrest may be: 1. By a peace officer, under a warrant; 2. By a peace officer, without warrant; or 3. By a private person. People v. Chandler (1900), 54 App. Div. 113; 66 N. Y. Supp. 391; Killoran v. Barton (1882), 26 Hun 649; People v. Shanley (1886), 40 Hun 478, 4 Crim. Rep. 472; People ex rel. Gunn v. Webster (1894), 75 Hun 281, 26 N. Y. Supp. 1007, 58 St. Rep. 227; Wren v. Kennedy Valve Manufacturing Co. (1908), 123 App. Div. 289. § 169. Every person bound to aid an officer in an arrest. Every person must aid an officer in the execution of a warrant, if the officer require his aid and be present and acting in its execution. § 170. When the arrest may be made. If the crime charged be a felony, the arrest may be made on any day, and at any time of the day or during any night. If it be a misdemeanor, the arrest cannot be made on Sunday, or at night, unless by direction of the magistrate indorsed upon the warrant. People v. Howard (1895), 13 Misc. 764, 69 St. Rep. 609; 35 N. Y. Supp. 233; People v. Bradley (1908), 58 Misc. 507, 111 N. Y. Supp. 625. § 171. How an arrest is made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer. § 172. No further restraint allowed than is necessary. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention. People ex rel. Gow v. Bingham (1907), 57 Misc. 70, 72, 107 N. Y. Supp. 1011. § 173. Officer must state his authority, and show warrant, if required. The defendant must be informed by the officer that he acts under the authority of the warrant, and he must also show the warrant, if required. People v. Shanley (1886), 40 Hun 478, 4 Crim. Rep. 472. § 174. If defendant flee or resist, officer may use all necessary means to effect arrest. If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest. § 175. When officer may break open a door or window. The officer may break open an cuter or inner door or window of any building, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance. § 176. When officer may break open a door or window. An officer may break open an outer or inner door or window of any building, for the purpose of liberating a person, who, having entered for the purpose of making an arrest, is detained CHAPTER IV. ARREST BY AN OFFICER, WITHOUT A WARRANT. SECTION 177. In what cases allowed. 178. May break open a door or window, if admittance refused. 179. May arrest at night, on reasonable suspicion of felony. 180. Must state his authority, and cause of arrest, except where party is committing felony or is pursued after escape. 181. May take before a magistrate, a person arrested by a bystander for breach of the peace. 182. Magistrate may commit by verbal or written order, for offenses committed in his presence. § 177. In what cases allowed. A peace officer may, without a warrant, arrest a person: 1. For a crime, committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person to be arrested to have committed it. People v. Wilson (1894), 141 N. Y. 185, 56 St. Rep. 831; Snead v. Bonnoil (1901), 166 N. Y. 328; People v. Doyle (1896), 11 App. Div. 448, 42 N. Y. Supp. 319; People v. James (1896), 11 App. Div. 610, 12 Crim. Rep. 196, 43 N. Y. Supp. 315; Matter of Rupp (1898), 33 App. Div. 471, 53 N. Y. Supp. 927; Evins v. Metr. St. Ry. Co. (1900), 47 App. Div. 519, 62 N. Y. Supp. 495; Thompson v. Fisk (1900), 50 App. Div. 72, 63 N. Y. Supp. 352; Barry v. Third Ave. R. R. Co. (1900), 51 App. Div. 386, 64 N. Y. Supp. 615; Cravin v. Bloomingdale (1900), 54 App Div. 268, 66 N. Y. Supp. 525; People v. Shanley (1886,) 40 Hun 478; People v. Barber (1893), 74 Hun 370, 26 N. Y. Supp. 417; People ex rel. Gunn v. Webster (1894), 75 Hun 281, 58 St. Rep. 227, 26 N. Y. Supp. 1007; Tupper v. Morin (1890), 12 N. Y. Supp. 311, 25 Abb. N. C. 402; Smith v. Botens (1891), 13 N. Y. Supp. 222, 36 St. Rep. 54; Hood v. Hayward (1895), 35 N. Y. Supp. 233; Wright v. Wright (1893), 56 St. Rep. 305, 26 N. Y. Supp. 238; People v. Feurst (1895), 13 Misc. 306, 34 N. Y. Supp. 1115, 11 Crim. Rep. 413; People v. Howard (1895), 13 Misc. 764; Parke v. Gilligan (1895), 14 Misc. 124; 35 N. Y. Supp. 477, Murphy v. Snitzpan (1896), 15 Misc. 500, 36 N. Y. Supp. 1013; 703; People v. Mulkins (1898), 25 Misc. 601, 54 N. Y. Supp. 414; Westbrook v. New York Sun Assn. (1900), 32 Misc. 39, 63 N. Y. Supp. 278, aff'd 58 App. Div. 562, 69 N. Y. Supp. 266; People v. Russell (1901), 35 Misc. 766, 72 N. Y. Supp. 1; Schultz v. Greenwood Cemetery (1907), 190 N. Y. 281, 100 N. Y. Supp. 200; People ex rel. Conway Bros. v. Board, etc. (1908), 126 App. Div. 487; Phillips v. Leary (1906), 114 App. Div. 872, 100 N. Y. Supp. 200; Samuel v. Wanamaker (1905), 107 App. Div. 433, 436, 95 N. Y. Supp. 270; Grinnell v. Weston (1904), 95 App. Div. 454, 88 N. Y. Supp. 781; People ex rel. Farley v. Crane (1904), 94 App. Div. 402, 88 N. Y. Supp. 343; McMorris v. Howell (1903), 89 App. Div. 272, 278, 85 N. Y. Supp. 1018; People v. Glennon (1903), 78 App. Div. 271, 278, 280, 79 N. Y. Supp. 997, rev'd 175 N. Y. 45; People v. Hochstim (1902), 76 App. Div. 25, 28, 78 N. Y. Supp. 638, 986, rev'g 36 Misc. 562; People v. Bradley (1908), 58 Misc. 507, 11 N. Y. Supp. 625; People v. Anglie (1902), 74 App. Div. 539, 541, 77 N. Y. Supp. 832; People ex rel. Clapp v. Listman, (1903), 40 Misc. 374, 82 N. Y. Supp. 263; People v. Glennon (1902), 37 Misc. 1, 5, 74 N. Y. Supp. 794; s. c.. 175 N. Y. 45, 55; Tyson v. Bauland Co. (1906), 186 N. Y. 400; People v. Jeratino (1909), 62 Misc. 587, 116 N. Y. Supp. 1121; Johnston v. Bruekheimer (1909), 133 App. Div. 649, 118 N. Y. Supp. 189; Gearity v. Strasbourger (1909), 138 App. Div. 701, 118 N. Y. Supp. 257; People v. Brown (1909), 64 Misc. 677; Schultz v. United States Fidelity and Guaranty Co. (1909), 134 App. Div. 260, 262. § 178. May break open a door or window, if admittance refused. To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a building, if, after notice of his office and purpose, he be refused admit tance. § 179. May arrest at night, on reasonable suspicion of felony. 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 afterward appear that a felony had been committed, but that the person arrested did not commit it. People v. Ryan (1891), 28 St. Rep. 490, 8 N. Y. Supp. 370. § 180. Must state his authority, and cause of arrest, except where party is committing felony or is pursued after escape. When arresting a person without a warrant the officer must inform him of the authority of the officer and the cause of the arrest, except when the person arrested is in the actual commission of a crime, or is pursued immediately after an escape. People v. James (1896), 11 App, Div. 610, 43 N. Y. Supp. 315, 12 Crim. Rep. 196. Snead v. Bonnoil (1900), 49 App. Div. 333, 63 N. Y. Supp. 553, 166 N. Y. 328. § 181. May take before a magistrate a person arrested by a bystander for breach of the peace. A peace officer may take before a magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to him. Bank v. Drumgoole (1888), 108 N. Y. 67. § 182. Magistrate may commit by verbal or written order, for offenses committed in his presence. When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest. People v. Glennon (1903), 175 N. Y. 55; People v. Jeratino (1909), 62 Misc. 587, 116 N. Y. Supp. 1121. |