Ressler v. Peats

Citations

• 86 Ill. 275

Syllabus

<p>1. Warrant for arrest of criminal — officer may execute in any county. An officer to whom a warrant has been directed for the arrest of a person charged with a crime has a right to make the arrest in any county in the State where the accused may be found, and it is not essential to such right of arrest that the accused should have fled to the county where arrested.</p> <p>2. Same —justification to officer making ai'rest. In a suit against an officer for an unlawful arrest, he may justify under process from a court of limited jurisdiction, where it shows on its face that the court had jurisdiction of the subject matter, and nothing appears to apprise him that the court had not, also,. jurisdiction of the person of the defendant.</p> <p>3. Where a warrant recites all that the statute requires, the officer who executes it is not required to go behind it to see whether the affidavit upon which it issued was sufficient, hut he will he protected in executing it unless he abuses his authority.</p> <p>4. Pleading—-justification under a warrant. In an action against an officer for an unlawful arrest, a plea justifying under a warrant, and showing such facts that the court can see that the party arrested was not detained any longer than was reasonable, is sufficient without any express averment to that effect.</p>