Authority of Law

Question 1

Arrest

Answer 1

consists of taking him into custody of the law

Question 2

Authority of Law definition

Answer 2

May act under authority of law, engaging in conduct that otherwise would be tortious
● Police officers
● Military personnel
● Prison officials
● Regulatory inspectors
● Officials at mental health facilities

Question 3

Arrest with a warrant:

Answer 3

● Is a signed order issued by a court directing that person in question to be arrested

● Arrest under warrant, or the seizure of goods under civil process, to which the same rules
apply, is an act generally considered to be “ministerial,” so that the officer is only liable if
he acts improperly
○ Using excessive force
■ Even if the arrest was otherwise lawful, an officer may be subject to
liability is he uses excessive force in the process of apprehending the
suspect

● If the court issuing the warrant is without jurisdiction to do it, it is commonly held the
invalid order affords the officer no protection

● An officer who has a warrant for the arrest of A, and who reasonably believes B to be A
and arrests him, is liable to B for false arrest unless he can show that he acted with due
diligence to identify the person arrested

Question 4

Arrest without a warrant

Answer 4

● Arrest without a warrant may be made by a police officer, or by a private citizen
● Private citizen more narrowly restricted

Question 5

Authority of Law Rules

Answer 5

● Officer or Citizen (OC) may arrest without a warrant to prevent a felony, or a breach of
the peace that is being committed or reasonably appears about to be committed, in his
presence

● Officer may make arrest if he has info that affords reasonable grounds for thinking that a
felony has been committed and that he has the right person

● Citizen may arrest if a felony has in fact been committed, and he has reasonable grounds
to suspect the person arrested but his authority depends upon the fact of the crime, and he
must take the full risk if none has been committed

● For a past breach of the peace that is not a felony, an OC may arrest without warrant only
if the offense was:
○ committed in his presence and
○ he is in fresh pursuit

● Misdemeanors - only officer can arrest if committed in his presence