The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

where the complaint is made, the
same proceedings for the issuing of
a warrant shall be had as prescribed
in this chapter, except that the war
rant shall require the person. against
whom the complaint is made, to be
taken before a named or otherwise
designated magistrate of the county
in which the offense is triable.
~ If the person arrested is bail
able as of right in respect of the Of
Tense set forth in the warrant, the
officer making the arrest. shall, upon
being so requested by the person ar
rested. take him before magistrate
or other official. having authority to
admit to bail for such offense, of the
county in which the arrest is made,
who shall admit him to bail for his
= appearance before the magistrate
named or otherwise designated in the
warrant
go If the person arrested is not
bailable as of right in respect of the
offenSe set forth in the warrant, or
if. on the admission to bail of the
person arrested. bail is not given,
the person arrested shall be taken be-
fore the magistrate named or other
wise designated in the warrant.
Sec 9. When Summons Shall Be
Issued. % Where the complaint is
for the commission of an offense
which the magistrate is empowered
to try summarily he shall issue a
summons instead of a warrant of ar
rest. unless he has reasonable ground
to believe that the person against
whom the complaint was made will
not appear upon a summons, In
which case he shall issue warrant
of arrest.
(2) Where the complaint is for a
misdemeanor, which the magistrate
is not empowered to try summary,
he shall issue a summons instead
of a warrant of arrest. if he has rea-
sonable ground to believe that the
person against whom the complaint
was made will appear upon sum-
mons
80 The summons shall set forth
substantially the nature of the Of
Tense and shall command the per-
son against whom the complaint was
made to appear before the magis-
trate issuing the summons at time
and place stated therein.
Sec. 10. How Summons Served.
The summons may be served in the
same manner as the summons in a
civil action.
Sec. IL. Effect of Not Answering
Summons. If the person failed.
without good cause, to appear as
commanded by the summons, he shall
be considered in contempt of court,
and may be punished by a fine of
not more than twenty dollars. Upon
such failure to appear the magis-
trate shall issue a warrant of arrest.
If after issuing a soummons the
magistrate becomes satisfied that the
person summoned will not appear as
commanded by the summons he may
at once issue a warrant of arrest.
Sec. II. Summons Against Corpo-
ration. Upon complaint against a
corporation for the commission of
an offense. the magistrate before
whom the complaint is made shall
issue a summons, which shall recite
substantially the nature of the Of
Tense and shall command the corpo-
ration to appear before him at a
place stated therein.
Sec. IS. Service of Summons Ag-
the appearance of corporation may
be served in the manner provided
for service upon a corporation in
a civil action.
Sec. IA. Effect of Failure by Cor
pOration to Answer Summons. If,
after being summoned, the corpora
ton does not appear, a plea of not
guilty shall be entered bv the magis-
trate if he is empowered to try the
issued. and he shall proceed to trial
and judgment without further pro-
cess. If the magistrate is not en-
powered to try the offense he shall
proceed as though the corporation
had appeared.
Sec. Is. Arrest by Officer Without
Warrant-When Lawful. A peace
officer may. without warrant, arrest
a person.
Ia When the person to be arrested
has committed a felony or INSIDE
of such arrest for miSdemeanor. the
arrest shall be made Immediately or
on fresh pursuit.
OBJ When a felony has in fact been
committed. and he has reasonable
ground to believe that the person to
he arrested has committed it.
(c) When he has reasonable ground
to believe that felony has been or
is being committed and reasonable
to be arrested has committed or is
committing it.
Cd When a warrant has been is
sued charging any criminal offense
and has been rlaced in the han DIS
of any peace officer for execution.
Sec. 16. Method of Arrest by Officer
by Virtue of Warrant. When making
an arrest by virtue of a warrant the
officer shall inform the person to be
arrested of the cause of arrest and of
the fact that a warrant has been is
sued for his arrest. except when he
fees or forcibly resists before the
officer has oDportunity so to inform
him. or when the giving of such in
formation will imperil the arrest
The officer need not have the warrant
in his possession at the time of the
arrest. but after the arrest. if the
person arrested so requests, the war
rant shall be shown to him as soon
as practicable.
Sec. II. Method of Arrest by OFF,
Ger Without Warrant. When making
an arrest without a warrant, the of
ficer shall inform the person to be
arrested of his authority and the
cause of the arrest. unless the per-
son to be arrested is then engaged in
the commission of an offense. or is
pursued Immediately after its COM
mission or after an escape. or fees
or forcibly resists before the officer
has opportunity so to inform him.
or when the giving of such informa-
ton will imperil the arrest.
Sec. Is. Officer Nav Summon AS
sistance. ANY officer making a law
full arrest may orally summon as
many persons as he deems necessary
to aid him in making the arrest. Ev-
cry person when required by an of
ticer shall aid him in making such
arrest
Sec. 10. Right of Officer to Break
into Building. % An officer, in or
der to make an arrest either by vir-
tue of warrant. or when authoriz-
ed to make such arrest for felony
without a warrant, may break open
a door or window of any building in
which the person to be arrested is
or is reasonable believed to be. if
he is refused admittance after he has
announced his authority and purpose.
(2) Whenever an officer has entered
a building in accordance with the
provisions herein. he NAV break OPP
on dOor ny " irdoxv of tho b1tild;pu