Kindred v. Stitt

Citations

• 51 Ill. 401

Syllabus

<p>1. Arrest—by a private person. A private person has no right to arrest a person on mere suspicion that he has been guilty of a crime. A mere suspicion of guilt does not authorize a person, without a warrant, to make an arrest. A private person should not be justified, unless a crime has been committed, and the person arrested is shown to be the guilty party.</p> <p>2. By the common law, any private person, who is present when a felony is committed, is bound to arrest the felon, on pain of fine and imprisonment, if he escapes through his negligence. But it is hardly considered, under our statute and usual practice in such cases, that this obligation rests upon a private individual, though it would be, doubtless, his duty to attempt an arrest if one could be made without injury or peril to himself.</p> <p>3. Arrest—by an officer—out of Ms county. The fact that a person is a police constable in one county, and a detective, gives him no more official authority to make an arrest, without a warrant, in another county, than is given to a private citizen of another State.</p> <p>4. Even when a warrant is issued, its execution is confined to the county in which it issues, except when the offender shall cross the line into an adjoining county the officer may pursue him into such adjoining county, and there make the arrest.</p> <p>5. Arrest—by a private person—course to be pursued. When a private person has apprehended another for felony, he may either deliver him into the hands of a constable, or he may carry him to any jail in the county; but the safest course is to cause him, so soon as convenience will permit, to be brought before some justice of the peace, by whom the prisoner may be examined and bailed, or committed to prison.</p> <p>6. Probable cause—-for a/rrest. In an action of trespass for an illegal arrest and imprisonment, it appeared that shortly before the arrest, several .burglaries had been committed in the neighborhood where the arrest was made, and a few d