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· 1/15/1867

Dodds v. Board

Citations

  • 43 Ill. 95

Syllabus

<p>1. Abbest—justification. A private individual may arrest a person, guilty of crime, when it is necessary to prevent the escape of the accused, and have him taken before the proper officer for examination. But such a person cannot justify such arrest upon the ground of a suspicion of guilt only—guilt in such a case must be shown. It is otherwise with a peace officer authorized to make arrests, as he may arrest without a warrant where all the facts show that there was strong probable cause to believe that the accused was guilty..</p> <p>3. Where a number of persons suspect a person of being guilty of crime, and induce a peace officer to make an arrest, without a warrant, they cannot justify their action by showing probable cause to believe him guilty; to do so, they must show guilt. In such a case the officer would, it seems, be justified.</p> <p>3. Where a crime has been committed, and the party arrested is guilty, and private individuals induce a peace officer to make the arrest, they, as well as the officer, will be justified by showing the guilt.</p>

Judges: Walker

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