Blackstone on arrest Part 2. For 28th of January (No class on 21st)

Arrests byofficers without warrantmay be executed,—1. By a justice of the peace, who may himself apprehend, or cause to be apprehended, by word only, any person committing a felony or breach of the peace in his presence.2. The sheriff, and, 3. The coroner, may apprehend any felon within the county without warrant. 4. The constable, of whose office we formerly spoke,(m)hath great original and inherent authority with regard to arrests. He may, without warrant, arrest any one for a breach of the peace committed in his view, and carry him before a justice of the peace. And in case of felonyactually committed, or a dangerous wounding, whereby felony is likely to ensue, he may upon probable suspicion arrest the felon,and for that purpose is authorized (as upon a justice’s warrant) to break open doors, and even to kill the felon, if he cannot otherwise be taken; and if he or his assistants be killed in attempting such arrests, it is murder in all concerned.

3. Any private person (anda fortioria peace-officer) that is present when any felony is committed is bound by the law to arrest the felon, on pain of fine and imprisonment if he escapes through the negligence of the standers-by.And they may justify breaking open the doors upon following such felon; and ifthey kill him,provided he cannot be otherwise taken, it is justifiable; though ifthey are killedin endeavouring to make such arrest it is murder.Upon probable suspicion, also, a private person may arrest the felon or other person so suspected,but he cannot justify breaking open doors to do it; and if either party kill the other in the attempt, it is manslaughter, and no more. It is no more, because there is no malicious design to kill; but it amounts to so much, because it would be of most pernicious consequence if, under pretence of suspecting felony, any private person might break open a house or kill another, and also because such arrest upon suspicion is barelypermittedby the law, and notenjoined,as in the case of those who are present when a felony is committed.

4. There is yet another species of arrest, wherein both officers and private men are concerned, and that is upon ahue and cryraised upon a felony committed. A hue, (fromhuer,to shout and cry,)hutesiumet clamor,is the old common-law process of pursuing, with horn and with voice, all felons, and such as have dangerously wounded another.

every county shall be so well kept, that immediately upon robberies and felonies committed, fresh suit shall be made from town to town and from county to county, and that hue and cry shall be raised upon the felons, and they that keep the town shall follow with hue and cry with all the town and the towns near, and so hue and cry shall be made from town to town until they be taken and delivered to the sheriff. And, that such hue and cry may more effectually be made, the hundred is bound to answer for all robberies therein committed, unless they take the felon; which is the foundation of an action against the hundredin case of any loss by robbery. And, by statute 8 Geo. II. c. 16, the constable or like officer refusing or neglecting to make hue and cry forfeits 5l.;and the whole vill or district is still in strictness liable to be amerced, according to the law of Alfred, if any felony be committed therein and the felon escapes.

Questions:

  1. What are the remedies available for non-justifiable arrest?
  2. Killing a suspect during the arrest: What is applicable law?
  3. A private person arrests an offender. What is applicable law and practice? Or if he fails to do it, what is his responsibility?