indifferent person, with warrant; (2) By an officer, or private person, without warrant; (3) By any person under a hue and cry. A warrant is a written mandate, issued by a proper magistrate, and directed to a proper officer or indifferent person, commanding him to arrest the alleged offender, and bring him before the proper authority to answer for the crime. It should describe the person to be arrested, the crime for which he is to be arrested, the tribunal before which he is to be brought, the person by whom it is to be served, and be dated and signed by the magistrate who issues it. Armed with this warrant, the person, to whom it is directed, may arrest the alleged offender, whoever he may be, at any time or place, and, in many cases, may break open the doors of any house, when such breaking is necessary in order to effect the arrest. Read 4 Bl. Comm., pp. 289-292. 1 H. P. C., pp. 575-587. 2 H. P. C., pp. 105-120. 1 Chitty C. L., pp. 11-16, 31-64. 1 Arch. Cr. Pr., pp. 120-135. § 481. Of Arrest without Warrant. An officer may arrest without warrant: (1) When a felony, or any crime in violation of the public peace, is, at the time of the arrest, actually being committed in his presence; (2) When he has probable cause for believing that a felony has been committed, and that the person arrested is the felon. A private person may arrest without warrant: (1) When a felony, or any crime in violation of the public peace, is, at the time of the arrest, being committed in his presence; (2) When a felony has actually been committed, and he has probable cause for believing that the person arrested is the felon. Read 4 Bl. Comm., pp. 292, 293. 1 H. P. C., pp. 587-589. 2 H. P. C., pp. 72–98. 1 Chitty C. L., pp. 16-26. 1 Arch. Cr. Pr., pp. 87-119. 3 Whart. C. L., §§ 2927-2936. 1 Bish. C. P., §§ 164-186. 1 B. & H. L. C. C., pp. 177–202. § 482. Of Arrest by Hue and Cry. A hue and cry is a general alarm, raised by a magistrate or other officer, and in some cases by a private person, for the pursuit and capture of a felon, or of one who has committed a dangerous assault. All persons, who are called upon to assist in the arrest under a hue and cry, are bound to do so, and each of them has the same authority, and may employ the same methods to effect the arrest, as an officer acting under a warrant. Read 4 Bl. Comm., pp. 293, 294. 2 H. P. C., pp. 98-104. 1 Chitty C. L., pp. 26-31. 1 Arch. Cr. Pr., pp. 109–111. § 483. Of the Act of Arrest. Actual physical prehension, of the body of the accused, is necessary to constitute an arrest in all cases, where he does not knowingly and voluntarily submit himself to custody. Yet any act of taking, such as a touch with the end of the finger or the locking up of the accused in a room, is a sufficient prehension; and the arrest is not vacated, though the arrested person immediately escape therefrom. It is the duty of the person, making the arrest, to disclose his official character and purpose to the accused, unless the circumstances sufficiently declare it, and to inform him, if he desires it, of the crime with which he is charged, and of the tribunal before which he is about to be conveyed. It is also his duty to use no unnecessary violence, and, as soon as he reasonably can, to present the accused before the court having cognizance of the offence. Read 3 Bl. Comm., p. 288. 1 H. P. C., pp. 458, 583. 1 Chitty C. L., pp. 12, 48, 51, 59, 60. 3 Whart. C. L., §§ 2922–2924, 2975. § 484. Of Arrest on Requisition. Extradition. Where a criminal flees into a state other than that in which the crime was committed, no ordinary methods of arrest can reach him. The state, into which he flees, has no jurisdiction over him, because the crime was not committed against its people or its laws; and the state, whose law has been violated, is powerless, because a warrant, issued by its magistrates, is valid only within its territory. To meet this difficulty, the Constitution of the United States has provided that such fugitives from justice shall be delivered, by the authorities of the State into which they flee, to the authorities of the State where the crime was committed, upon demand of the executive authority of the latter State. This demand is called a requisition.. By similar proceedings, under the extradition treaties of the United States, persons who have committed heinous crimes within the territory of the United States, and have fled into the territory of certain foreign states, may also be arrested and returned. Read 1 Arch. Cr. Pr., pp. 135–141. 3 Whart. C. L., §§ 2948-2973. 1 Bish. C. P., §§ 219-224 b. Cooley Const. Law, pp. 189–192. § 485. Of the Return of the Warrant and Proceedings Thereon. When the magistrate, before whom the alleged offender is presented, has final jurisdiction over the offence, the trial may either be immediately begun, or be postponed until a future day. Where the magistrate has not such jurisdiction, the examination of the evidence may be postponed, or it may be proceeded with, and the accused discharged or held to answer, as the facts require. If the trial or hearing is postponed, or if, after a hearing, the accused is held to answer, he must, in some way, be detained in custody until the trial is at an end. This is accomplished either by commitment or by bail. Read 4 Bl. Comm., p. 296. 2 H. P. C., pp. 120, 121. § 486. Of Commitment. Commitment is a written mandate, issued by the magistrate before whom the alleged offender is presented, and directed both to a proper officer and to the keeper of a lawful place of imprisonment, commanding the officer to carry and deliver, and the keeper to receive and safely keep, the body of the accused during the time specified therein, or until he is released by due course of law. In pursuance of this mandate, the alleged offender, if not duly bailed, is taken to such place of imprisonment and there confined. A commitment is also called a mittimus. It must describe the alleged offender by his full name, or the name he gives as his; it must set out, with convenient certainty, the crime with which he is charged; and it must be dated and signed by the magistrate who issues it. Read 4 Bl. Comm., p. 300. 2 H. P. C., pp. 122-124. 1 Chitty C. L., pp. 107–132. § 487. Of Bail. Bail-Piece. Bail is the delivery or bailment of the arrested person to certain sureties, upon their giving sufficient security for his appearance in court. The person, so delivered or bailed, is thereafter in the custody of his sureties, and may, at any time and at any place, be arrested by them and surrendered to the court, in discharge of their liability; or they may sue out a warrant, called a bail-piece, and, upon this warrant, he may be arrested by the person to whom it is directed. In all bailable cases, the accused has the right to be enlarged, on reasonable bail, at any time between his arrest and his final sentence. If he appears in court at the time specified, his sureties are discharged. If he fails to appear, the security given for his appearance becomes forfeited, and may be appropriated or collected |