Sunday, June 26, 2011

Cooley on General Principles of Constitutional Law, page 282

"Without a search-warrant the doors of a man's dwelling may be forced for the purpose of arresting a person known to be therein, for treason, felony, or breach of the peace, or in order to dispossess the occupant when another, by the judgment of a competent court, has been awarded the possession.  In extreme cases this may also be done for the enforcement of sanitary and other police regulations; but, in general, the owner may close the outer door against any unlicensed entry, and defend it even to the taking of life if that should become necessary."

"There are a few cases in which arrests may be made without warrant; but the law gives little countenance to such arrests, and whoever makes one must show that the exceptional case existed which would justify it.  (1) Any one may arrest another when he sees him committing or attempting to commit a felony or forcible breach of the peace.  (2) A peace officer may arrest, on reasonable grounds of suspicion of a felony; but the person arrested must be at once taken before some court or magistrate of competent jurisdiction to take cognizance of the offence.  (3) A peace officer may also make arrests without warrant when municipal by-laws are being violated in his presence; but he will be a trespasser if he handcuffs or confines without necessity a person so arrested."

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