Cyborg
Member
Arizona Arrest Without Warrant Law
As the cops who frequent here the question is not about arrest but arrest without warrant. If you have a valid arrest warrant (or for sure in Az knowledge of an outstand warrant an the say-so of a magistrate) you can arrest anyone.
The problem is arrest WITHOUT warrant.
Here is the Az law I found at:
http://www.helplinelaw.com/law/usa-arizona/criminal law/arrest/arrest.php
And I don't know about Az but in Tejas criminal tresspass is considered "offense against the public peace" and thus "A
peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace". Texas Code Of Criminal Procedure Art. 14.01
In Texas anyone may arrest a person for theft committed in their presence. CCP 18.16 I used 18.16 more than once working security at strip malls. Of course I waited until the shoplifter had crossed the store's threshold before I stopped them and asked them to open their bag. That served 2 purposes. 1) it demonstrated intent and 2) it got them onto my jurisdiction since I had no authority inside the store.
I am not sure that holding someone until the arrival of Law Enforcement is illegal. From what I could see of black letter Az law it looks like force is allowed to hold someone until LE arrives. But that is black letter law and I'm sure the Duke_of_doubt and other attorneys here could tell us how much the working of that law is worth.
Cyborg
As the cops who frequent here the question is not about arrest but arrest without warrant. If you have a valid arrest warrant (or for sure in Az knowledge of an outstand warrant an the say-so of a magistrate) you can arrest anyone.
The problem is arrest WITHOUT warrant.
Here is the Az law I found at:
http://www.helplinelaw.com/law/usa-arizona/criminal law/arrest/arrest.php
The procedure of arrest in the state of Arizona has been provided in Arizona Revised Statute in Title No. 13.
An arrest may be made on any day and at any time of the day or night. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.
The arrest may be made by the following persons:
• By a Peace officer
• By Private Person
ARREST BY A PEACE OFFICER
A peace officer may arrest a person with or without a warrant. A peace officer may arrest a person without warrant if he has probable cause to believe:
A felony has been committed and probable cause to believe the person to be arrested has committed the felony.
A misdemeanor has been committed in his presence and probable cause to believe the person to be arrested has committed the offense.
The person to be arrested has been involved in a traffic accident and that such violation occurred prior to or immediately following such traffic accident.
A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense.
A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.
ARREST BY PRIVATE PERSON
A private person may make an arrest:
When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
AUTHORIZATION OF ARREST BY TELEPHONE OR TELEGRAM
Any magistrate may, by an endorsement under his hand upon a warrant of arrest, authorize the service of the warrant by telegraph or telephone, and thereafter a telegraphic or telephonic copy of such warrant may be sent by telegraph or telephone to one or more peace officers.
The copy shall be as effectual in the hands of any officer, and he shall proceed in the same manner under it, as though he held an original warrant issued by the magistrate making the endorsement.
METHOD OF ARREST BY OFFICER WITH WARRANT
When making an arrest with a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest. However the officer need not have to inform or show cause where the offender flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
METHOD OF ARREST BY OFFICER WITHOUT WARRANT
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
RIGHT OF OFFICER TO BREAK INTO BUILDING
An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is refused admittance after he has announced his authority and purpose.
DUTY OF OFFICER AFTER ARRESTING WITH WARRANT
When the arrest with warrant is made by any peace officer such officer shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county.
ARREST WITHOUT WARRANT
A person arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.
DUTY OF PRIVATE PERSON AFTER MAKING ARREST
A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate.
The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested.
However, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.
And I don't know about Az but in Tejas criminal tresspass is considered "offense against the public peace" and thus "A
peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace". Texas Code Of Criminal Procedure Art. 14.01
In Texas anyone may arrest a person for theft committed in their presence. CCP 18.16 I used 18.16 more than once working security at strip malls. Of course I waited until the shoplifter had crossed the store's threshold before I stopped them and asked them to open their bag. That served 2 purposes. 1) it demonstrated intent and 2) it got them onto my jurisdiction since I had no authority inside the store.
I am not sure that holding someone until the arrival of Law Enforcement is illegal. From what I could see of black letter Az law it looks like force is allowed to hold someone until LE arrives. But that is black letter law and I'm sure the Duke_of_doubt and other attorneys here could tell us how much the working of that law is worth.
Cyborg