The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-28


Of this opinion during the week.
TIE Law OF ARREsr.-This subject has been
recently examined BY some Of the city papers, in
consequence Of the directions given by Recorder
Caldwell to the police officers.
We did our best in fair and honorable mode to
prevent The election Of this gentleman. The ma
jority Of the voters who chose to exercise their
right decided in his favor. Acting on a principle
which we have avowed from the time the Crescent
passed into hands, we shall support the present
Recorder in the discharge of his painful and often
perplexing duties. We make many allowances for
the errors which he, or any citizen may COM
init when attempting to occupy an office which
requires legal Information. 1t is only when Judge
il obstinate in his first opinions, unwilling to listen
10 argument, and brutal in his department to per-
sons brought in contact with him. we say il is only
in such, case that we shall condemn his judicial
acts.
Il is singular that the law of arrest is so gene.
rally misunderstood II is current opinion that
an officer alone can arrest, and then only when be
has warrant. Now the law not merely permits,
but i eno5Es on private persons arrest an often.
der who commits felony in their presence--and
where felony is committed, they may even arrest
person suspected Of the crime; when private
person lnerey suspects, he cannot break open doors
to arrest the supposed offender So too, private
person may arrest one who is about to commit a
fslcny thus one may break into another's house TO
prevent the murder Of the wife by the husband.
This means that when the cry Of murder is heard.
anyone may break irto the house to stop the offence.
Il is always safer to obtain warrant when time
will allow.
IA haak aa,,
without warrant arrest suspicious night-walker
though he afterwards prove innocent.
A constable may arrest, without warrant, when
any gfe7scs has been committed in his presence, OF
on hlsown suspicious, and even on the suspicious Of
others All officers have a right to apprehend
evil disposed persons and ysputed tAseUss" "And
constables, headborcughs, patrols, and watchmen,
are empowered to apprehend evil disposed and sus-
pecsed persons and reputed thieves requenting the
streets highways and avenues Of public resort, and
convey them before magistrate"
constable has right without warrant, and on
suspicion that an offender is in house, to break
open the doors after giving notice Of his office.
mon laws to arrest and detain in prison for exam
nation persons walking in the streets at night
whom lhsfs is reasonable cause to suspect Of felony
though there is no proof Of felony having been
Committed.
While j is prudent when circumstances permit,
70 Obtain a warrant, yet from the numerous cases
already cited, it will be seen peace officers are com
manded, and private persons permitted to arrest
persons without warrant The distinction there
fore made BY the Recorder, between citizens and
strangers i not borne out by the books. The
watch have had the right since the days, or rather
the nights OF Dogbefry 10 all x,as,o,o
men.s
In all large cities, will be found numbers of men
following no honest calling, and who are known in
law As Migrants and suspicious persons, nigh,
walkers. These, the watchmen have the undoubted
right 70 arrest when found in the streets at unrea
sonabie hours. Ills their auty also, on nforma-
ton that crime has been committed, to arrest the
suspected parties, and though it should afterwards
appear that no offence has been committed yet the
officers will be held blameIess