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A Treatise on Arrest and False Imprisonment PDF

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A Treatise on Arrest and False Imprisonment PDF Details
A Treatise on Arrest and False Imprisonment
PDF Name A Treatise on Arrest and False Imprisonment PDF
No. of Pages 78
PDF Size 11.95 MB
Language English
CategoryEnglish
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A Treatise on Arrest and False Imprisonment

Dear readers, here we are presenting A Treatise on Arrest and False Imprisonment PDF to all of you. This book is about liberty. It is about the lawful and unlawful means by which government acts in depriving an individual of his liberty. History teaches that deprivation of liberty is more often arbitrary and unlawful than it is otherwise.

At least this is always the tendency of those who hold executive power. Daniel Webster once stated this problem In these words: “The contest for ages has been to rescue liberty from the grasp of executive power.” Liberty is taken away or deprived most commonly by arrest and imprisonment.

A Treatise on Arrest and False Imprisonment PDF

  • The law of the land The authority to arrest without a warrant was rather limited and well defined in common law- a law that has been made part of our constitutional law in the due process provisions. The common-law rule on arrests is based on experience and common sense.
  • As a general rule of common law, an arrest could not be made without a warrant. Thus the right to arrest a person without a warrant is an exception to the general rule. This simple rule was expressed by Justice Carpenter, in delivering an opinion for the Supreme Court of Michigan, as follows:
  • The law governing this case is elementary. Except for a breach of the peace committed in his presence, or when he has a reasonable ground to believe that the person arrested is a felon or is about to commit a felony, a police officer has no authority to arrest without a warrant.
  • The objective of this law was to have a balance between preserving liberty and preserving peace. Those who committed the most heinous crimes, that being felonies, were a threat to the safety of society and couldbe summarily deprived of their liberty by arrest. Those committing a breach of the peace could also be summarily arrested, not for apprehension as a criminal, but to preserve the peace.
  • But for other offenses. summary arrests had to yield to the liberty of the citizen. The liberty of citizens is toosacred to be left to the arbitrary will of men.

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