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Title XXXVII CRIMINAL PROCEDURE

Chapter 544

previous next Effective - 28 Aug 1939bottom

  544.180.  Arrest. — An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise.  The officer must inform the defendant by what authority he acts, and must also show the warrant if required.

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(RSMo 1939 § 3959)

Prior revisions: 1929 § 3570; 1919 § 3913; 1909 § 5120

CROSS REFERENCE:

Detention of one as shoplifter not false arrest, 537.125

(1954) Under Missouri law a private person may make an arrest on showing of actual commission of a felony and reasonable grounds to suspect the accused. Richardson v. U.S., 217 F.2d 696.

(1960) Officer has a right to rely upon the presumption of the constitutionality of statute or city ordinance notwithstanding such ordinance or statute is subsequently declared to be void.  Accordingly, the validity of the ordinance under which arrest was made would not be decided by the court in action for false imprisonment. Manson v. Wabash Railroad Co. (Mo.), 338 S.W.2d 54.

(1973) A private citizen may make an arrest without a warrant on a showing of commission of a felony and reasonable grounds to suspect the arrested party. State v. Fritz (Mo.), 490 S.W.2d 46.


---- end of effective   28 Aug 1939 ----

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