ARREST, the seizure of a suspected crim inal or delinquent that security may be taken for his appearance at the proper time before a court to answer to a charge. Ordinarily a person can be arrested only by a warrant from a justice of the peace; but there are exceptional cases in which he can be apprehended by an officer without a warrant, by a private person also without a warrant, or by what is techni cally called a "hue and cry.* Any peace officer, as a justice of the peace, sheriff, coroner, or watchman may, without a warrant, arrest anyone committing a felony in his presence, 3 Hawkins Pl. Cr. 164; Tiner v. State, 44 Tex.. 128; Reg. v. Chapman, 12 Cox C. C. 4, or committing a breach of the peace, during its continuance, 3 Wend. (N. Y.) 384, or even to prevent the commission of a breach of the peace, Rex v. Herm, 7 C. & P. 312, 32 E. C. L. 522, and such officer may arrest anyone whom he reasonably suspects of having com mitted a felony, whether a felony has actually been committed or not. 40 N. Y. 463; 3 Park.
Cr. (N. Y.) 249; 99 Pa. St. 63.
A private person who is present when a felony is committed, 3 Wend. (N. Y.) 353; 1 Mood. 93; or during the commission of a breach of the peace, 10 Cl. & Fin. Hon. L. 28; 25 Vt. 261, may and should arrest the felon, and may upon reasonable suspicion that the person arrested is the felon, if a felony has been committed. 3 Wend. (N. Y.) 353; 6 Term 315.
An arrest is made by touching the body of the person accused. The object of arrest being to make sure that he answers to a charge about to be brought against him, it does not follow that after being seized he is incarcerated; if bail for his appearance at the proper time be given, and the case be not too aggravated a one for such security to be accepted, he will be released till the day of trial. Consult Free man, 'Treaties on the Law of Executions in Civil Cases' (3d ed., San Francisco 1900), and Hawley, (Law of Arrest on Criminal Charges' (2d ed., Chicago 1891).