Shanley v. Wells

Citations

• 71 Ill. 78

Syllabus

<p>1. Vagrancy—within meaning of ordinance. To authorize a police officer in arresting a person, without a warrant, for the violation of an ordinance declaring all persons vagrants who, not having visible means to maintain themselves, are found without employment, loitering or rambling about, or staying in groceries, drinking saloons, etc., there must be shown a want, of visible means of support, as well as the other facts.</p> <p>3. Assault and balee imprisonment—probable cause and want of malice no bar to action. If a party is assaulted, beaten and imprisoned by a police officer, in arresting him without authority of law, he will be entitled to recover in an action of trespass, no matter what may have been the officer’s motives. In such a case, probable cause that the plaintiff was guilty of a misdemeanor or violation of an ordinance, and absence of malice on the part of the officer, will afford no justification.</p> <p>3. Arrest—power of constable or police officer to arrest A constable may, without warrant, arrest any one for a breach of the peace committed in his view, and carry him before a justice of the peace; and in case of a felony actually committed, or a dangerous wounding whereby felony is likely to ensue, he may, upon probable suspicion, arrest the felon, and, for that purpose, is authorized, as upon warrant, to break open doors, and even to kill the felon if he can not otherwise be taken. The powers of policemen are not greater than those of a constable in this respect.</p> <p>4. In all cases not felonies, or likely to result in one, where the offense is not committed in the officer’s view, or the act done or threat made is not fresh, a constable or policeman has no authority to make an arrest without, a warrant.</p> <p>5. Same—burden, of proof to justify is on the officer. Where a policeman arrests a party as a vagrant, under a city ordinance, without a warrant, it is incumbent on him, when sued in trespass therefor, to show that the offense was in f