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Police

constable, constables, arrest, party, warrant, committed, person and felony

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POLICE' (Lat. yolitia, Gr. politeia, civil government; from polls, a city) are constables or peace-officers appointed in all parts of town and country for the purpose of watch ing property and detecting crime, and arresting offenders and maintaining public order. Though the word policeman is now, especially in towns, a household word, the legal denomination is that of constable; but he is a paid constable, to distinguish him from unpaid constables and special constables. In each parish in England the justices of the peace have power to appoint constables to act gratuitously and compulsorily; but the vestry has power to resolve that one or more paid constables shall be appointed, in which case the justices are to make the appointment, and these paid constables super sede the unpaid constables. The salary of these parish constables is paid out of the poor rates of the parish by the overseers. The justices also appoint a superintendent cousin ble for each petty sessional division, to settle the fees and allowances which are to be paid to the constables for the service of summonses, and for the execution of warrants incidental to the office of justices of the peace. In all boroughs in England, the cor poration is empowered, by the municipal corporation acts, to appoint a watch commit tee, who appoint a sufficient number of men to act as constables. The treasurer of the bor ough pays their salaries, wages, and allowances, as well as extraordinary expenses incurred by them. By an act of parliament applicable to counties, the justices are empowered to establish a sufficient police force for each county, and a chief constable is appointed to govern the whole.

The duties of constables or police-officers arc exceedingly multifarious, and they receive printed regulations to guide them in the proper discharge of such duties. They have important duties in reference to the apprehension of offenders, and their powers are necessarily larger than those of private individuals. Wherever a person is seen in the net of committing a felony, it is the duty of every one, not merely of constables, to apprehend him or her without any warrant, for no warrant is needed. Persons found offending in many misdemeanors may also be apprehended by anybody without a war rant; hut in other cases, a constable only can make an arrest. In case of a riot, anybody may arrest the rioter. Constables are bound to arrest hawkers trading without a license; end vagrants who are offending against the vagrant acts, such as telling fortunes, loiter ing about premises, etc. The powers of constables are much greater than those of individuals with reference to crimes after they are committed. Thus, where the consta

ble has not seen the offense committed, but is merely told of the fact, and he has reason to believe it, lie is entitled to arrest the party charged without any warrant; he must, however, in such cases act only on reasonable suspicion. He is not justified, for exam ple, in apprehending a person as a receiver of stolen goods on the mere assertion of the principal felon; nor is a constable justified in taking a person into custody for a mere assault without a warrant, unless he himself was present at the time the assault was committed, or reasonably apprehends a renewal of it. If a constable have a reasonable suspicion that a man has committed a felony, he may apprehend him; and so a private individual may do so. The difference between the authority of the consta ble and the private person in this respect is, that the latter is justified only in case it turn out that a felony was in fact committed; but the constable may justify the arrest and detention whether a felony was committed or not. It is the duty of a constable to raise a hue and cry in search of a felon, and all private individuals are bound to join in it, otherwise they may be indicted and fined. An arrest by a constable is usually made by laying hands on the party, and detaining him; but it is enough for the constable Re touch him and say: " I arrest you, in the queen's name." If the party arrested 1:3 in 9 house in hiding., the constable may demand admittance, and if he is refused may then break open the doors; this is so in all cases where the party has committed treason or felony, or has dangerously wounded another. In cases where the const;ble is not authorized at common law or by some statute to arrest a party without a warrant, then he must produce a warrant signed by a justice of the peace, and show it to the party if it is demanded; and if the constable happens not to have the warrant in his pocket at the time, even though it is not asked for, it is an illegal arrest. When a party is arrested, it is the duty of the constable to take him without any unreasonable delay before a jus tice of the peace, and meanwhile lodge him in safe custody. The party arrested must not be treated with harshness beyond what is necessary for safe custody, and therefore it has been held that a constable has no right to handcuff a person whom he has appre hended on suspicion of felony, unless such person has attempted to escape, or it be necessary to prevent an escape. Nor has a constable in general a right to search a per son apprehended, unless the latter conduct himself violently.

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