ARREST, in criminal cases. The apprehending¹ or detaining of the person, in order to be forthcoming to answer an alleged² or suspected crime. The word arrest is more properly used in civil cases, and apprehension³ in criminal. A man is arrested under a capias ad respondendum, apprehended⁴ under a warrant charging him with a larceny⁵.

2. It will be convenient to consider, 1, who may be arrested; 2, for what crimes; 3, at what time; 4, in what places; 5, by whom and by what authority.

3. – 1. Who may be arrested. Generally all persons properly accused of a crime or misdeameanor, may be arrested; by the laws of the United States, ambassadors (q. v.) and other public ministers are exempt⁶ from arrest.

4. – 2. For what offences an arrest may be made. It may be made for treason, felony, breach⁷ of the peace, or other misdemeanor.

5. – 3. At what time. An arrest may be made in the night as well as in the day time and for treasons, felonies, and breaches⁸ of the peace, on Sunday as well as on other days. It may be made before as well as after indictment⁹ found. Wallace's R. 23.

6. – 4. At what places. No place affords protection to offenders¹¹ against the criminal law; a man may therefore be arrested in his own house, (q. v.) which may be broken into for the purpose of making the arrest.

7. – 5. Who may arrest and by what authority. An offender¹⁰ may be arrested either without a warrant or with a warrant. First, an arrest may be made without a warrant by a private individual or by a peace officer. Private individuals are enjoined¹² by law to arrest an offender when present at the time a felony is committed, or a dangerous wound given – 11 Johns. R. 486 and vide Hawk¹³. B. 1, c, 12, s. 1; c. 13, F3. 7, 8; 4 Bl. Com. 292; 1 Hale, 587; Com. Dig. Imprisonment¹⁴, H 4; Bac. Ab. Trespass¹⁵, D.

3. Peace officers may, a fortiori, make an arrest for a crime or misdemeanor committed in their view, without any warrant. 8 Serg. & R. 47. An arrest may therefore be made by a constable¹⁶, (q. v.) a justice of the peace, (q. v.) slieriff, (q. v.) or coroner. (q. v.) Secondly¹⁷, an arrest may be made by virtue¹⁸ of a warrant, (q. v.) which is the proper course when the circumstances of the case will permit it. Vide, generally, 1 Chit. Cr. Law, 11 to 71; Russ. on Cr. Index, h. t.

ARREST OP JUDGMENT¹⁹. The act of a court by which the judges refuse to give judgment, because upon the face of the record, it appears that the plaintiff is not entitled to it. See Judgment, arrest of.

ARRESTANDIS bonis ne dissipentur. In the English law, a writ²⁰ for him whose cattle or goods, being taken during a controversy²¹, are likely, to be wasted and consumed.

ARRESTEE, law of Scotland. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he shall make payment of the sum, or deliver the goods arrested to the common debtor²², he is not only liable criminally for breach of the arrestment, but he must pay the debt again to the arrester. Ersk. Pr. L. Scot. 3, 6, 6.

ARRESTER, law of Scotland. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Pr. L. Soot²³. 3, 6, 1.