Privilege of Arrest

Question 1

Invasion of Land to Arrest

Answer 1

Privilege of arrest carries with it privilege to enter another’s land for purposes of effectuating the arrest.

Question 2

Subsequent Misconduct

Answer 2

Arrest itself may be privileged, must arrestor may be liable for subsequent misconduct.

Question 3

Mistake

Answer 3

Misdemeanor: arrest is only privileged for breach of the peace and if action takes place in front of arrestor.

Felony: Police can make reasonable mistakes. Citizen can mistake the identity of the felon, but not as to whether the felony took place.