Williams v. Morris

Citations

• 22 Ohio C.C. Dec. 453

Syllabus

<p>DAMAGES — FALSE,IMPRISONMENT.</p> <p>1. Deputy Sheriff may Arrest on View Persons Found Violating Fish and Game Laws.</p> <p>Notwithstanding that the prosecution for violation of Sec. 77 of act 99 O. L. 380, Gen. Code 12525 (of the fish and game act), shall be instituted only upon complaint of the person or his agent upon whose lands, or rights in lands or waters, the trespass has been committed, a deputy sheriff or other person authorized by 'law to make arrests may, on view, arrest persons found violating such act and not be liable for false arrest.</p> <p>2. Whether Officer Secured Warrant in Reasonable Time is Fact for Determination of Jury in False Imprisonment.</p> <p>Where an arrest is made without warrant, the officer should in a reasonably short period of time secure such warrant and in the interval should only use such means and methods of detaining the person so arrested as is reasonably proper and necessary under the surrounding circumstances. Whether or not the officer has so acted is a question of fact for the jury.</p> <p>8. Arresting Officer not Liable for False Imprisonment on Defective Warrant Set Aside on Error.</p> <p>Where such an arrest is made and a warrant is afterwards sworn out, which is defective and the person arrested is bound over to the grand jury by a justice of the peace upon such defective warrant and on proceedings in error being taken from such justice’s order the same is set aside, the arresting officer is not liable for false imprisonment, unless he has detained the arrested person an unreasonable length of time and in an improper manner.</p> <p>4. Unconstituxionality of Statute does not Make Arrest Prior to so Finding False Imprisonment.</p> <p>An arresting officer is not liable for false arrest or imprisonment where he acts properly within the prescribed limits of. an act of the legislature, although such act may afterwards be declared unconstitutional, and void. Until decided otherwise, the legislature is presumed to have