Jasper County Democrat, Volume 12, Number 69, Rensselaer, Jasper County, 11 December 1909 — ANY CITIZEN CAN MAKE ARREST [ARTICLE]

ANY CITIZEN CAN MAKE ARREST

For Violations of Law Committed In His Presence. In the trial here last week of Gus Meyers vs. William E. Holland, the Remington nightwatch, for alleged false arrest and imprisonment, the question was raised as to the legality of the arrest because of the fact that Mr. Holland had not filed a bond and therefore could not legally make an arrest. On this point the court Instructed the jury as follows: “In this case the defendant Holland, was assuming to act as deputy marshal and nightwatch and peace officer for the town of Remington. I will say to you, gentlemen of the jury, that the law does not mention the authority, nor give the authority to town boards to appoint deputy marshals; It gives authority to town boards to appoint a marshal and gives them the authority to prescribe his duties and make him the peace officer of the town and if there are any deputy marshals, as the term Implies, it would be the duty of the marshal to appoint a deputy marshal, and for that reason I am inclined to believe, gentlemen of the jury, that the defendant, Holland in making this arrest, made it the same and with the same authority that any other citizen of the state of Indiana has, and that is, the right to arrest upon view any person who creates a ibreach of the peace; and It is the law that if a person Is Intoxicated and in a public place, that that is a violation of the criminal laws of the state, and I believe amounts to a breach of the peace; and if that fact is proven In this case, the arrest would be lawful, for he had a right to make the arrest upon view without a warrant as a citizen and It would be his duty as soon as the arrest was made to immediately take him before some officer and file-the necessary affidavit and charge against him; but the power of detaining the person so arrested or restrain him of his liberty, in such case, Is not a matter within the officer making the arrest, and he cannot legally hold the person arrested In custody for a longer period than is necessary under all the circumstances of the case to obtain proper warrant or order for further detention from some tribunal or officer authorized under the law to issue such warrant or order; if the person arrested is detained or held for a longer period of time than is required under the circumstances, without such warrant or authority, he will have a cause for false imprisonment against the person and all others by whom he has been detained or unlawfully held.”