The sun., 1901-03-29
no ARRESTS ON SUSPICION
ytCEPT AT POLICENANy RISK IF HIS
SUSPICION Is WRONG.
court Of Appeals knocks on the Head the Inn
memorial Practice Of tho New York Police
Two Detectives Must Pay snead $500
for Arre.ting Him with q bag OF silver

for ArrestinE Him with q bag Of silver
The Court Of Appeals has just handed
down q decision which may have the effect
NJ curtailing the police practice OF max ing
arrests ION suspicion
The case is that OF Harry V. snead, who
Uas arrested in 1903 as y suspi cious person
Robert l. Harrison OF 50 Wall street. counsel
fer snead, said yesterday that In November.
lsas his client who was the son Of well to do
psnnts. and who lived at Os Fifth avenue,
wanted TO raise some money. and for that
purpose took ont Of storage quantity OF
slverware belonging TO his mother with the
intention Of pawning II He got IL from the
storage house by permission Of his mother
A. he could not induce the pawnbroker he
visited to advance as much as he wanted he
Put the goods back In valse and left the
shop
ks hr WIS walking toward his home he was
stopped by Detective Sergeants Bonnoil and
Cottrcll They asked him what he had in his
satchel Snead. not knowing. as he testified
IN court that they were detectives, told them
somewhat 'orcbly that 1t was none Of their
business Thcreupon the two detectives
told him that they were from Police Head
onartcrs. but according TO Snead they refused
t3 show their badges, and when asked by
VIVA authority they had stopped him, pulled
OF, pair Of handouts, snapped them over
hls wrists and remarked: That's our au-
thor'ty
Snaad testified further that he was ll-used
end was searched. and that some love let
tiers which were found IN his pockets were
read aloud by the detectives for the anuse-
meut Of their brother officers After he
had been locked ny for fortv-.ight hours,
T. vas established that he had NOT stolen
the -ilvrrWare and he was discharged after
being lncd so for carrying revolver
Sresd sued Bonnoi and Cot,rel for dam
ngeS for Illegal arrest The case was tried
in 'hc Suprcm. Court before Justice Frank
IauChiin and a jury gave Snesd $500 dam
ages The Police Commissioners. racog-
ming that ii the verdict was allowed 10
stand it would be an awkward impcdlment
70 tho Detective Department instructed
the Corporation Counscl TO carry the case
10 the Appellate Division This court ruled
In favor Of Snead a. the Court II Appeals
also has now done Mr. Harrison said yes
terday that the Court OF Appeals had taught
the lesson to TIE police authorities that they
could not h. permitted to arrest people in
disCrimlnatelE, without warrant, and upon
the mere assumption Of guilt
Assistant Corporation Counsel Blsndy. who
represented the city upon the Ar~t trial
and VII" argued tho case before the Appel
late Division said Yesterday:
This decision will have very serious
elect upon the future work Of the police
Acting upon the old decision rendered IN
the "aSc Of Barns vs. Erben tho police have
arrested people. when they had reason 10
believe that a crime had been committed
Under this Judgment officers have been
protected when they have made arrests
which were afterward shown 10 he callse-
less The officer was not held liable for
damages for false arrest OF when lie had
reason to believe crime had been COM
mitt"d The decision IN this case over
throws that doctrine and makes the officer
absolutely liable provided a crime han not
in fact been committed Tho practical
result therefore will ba that no officer will
hereafter make an arrest on suspicion The
Court of Appeals has certainly knocked
on the head the system which has been nd
hered TO for many years, that m arrest was
JuSti0nbe where there was reasonable be-
lief that a crime had been committed