Section 15-10-4 – Arrest Without Warrant – Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House.
Section 15-10-4 Arrest without warrant – Duty of arresting officer; authority of officer to break and enter dwelling house. When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. […]
Section 15-10-6 – Offense Committed in Presence of Judge or Magistrate.
Section 15-10-6 Offense committed in presence of judge or magistrate. When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought […]
Section 15-10-7 – Arrests by Private Persons.
Section 15-10-7 Arrests by private persons. (a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the […]
Section 15-10-8 – When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice.
Section 15-10-8 When notice of arrest for capital felony to be given to Governor or Chief Justice. Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody […]
Section 15-10-9 – Rearrest After Escape or Rescue.
Section 15-10-9 Rearrest after escape or rescue. If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, […]
Section 15-10-10 – Where Warrant to Be Executed; Endorsement When Executed in Different County.
Section 15-10-10 Where warrant to be executed; endorsement when executed in different county. Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein […]
Section 15-10-11 – Authority of Officer to Pursue and Arrest Defendant in Another County on Warrant From Municipal Court.
Section 15-10-11 Authority of officer to pursue and arrest defendant in another county on warrant from municipal court. Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county […]
Section 15-10-12 – When Defendant to Be Taken Before Judge or Magistrate Issuing Warrant.
Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant. When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 […]
Section 15-10-13 – When Arrest Warrant Endorsed by Judge or Magistrate; Liability of Judge or Magistrate on Endorsement.
Section 15-10-13 When arrest warrant endorsed by judge or magistrate; liability of judge or magistrate on endorsement. Repealed by Act 2006-547, p. 1264, §2, effective July 1, 2006. (Code 1852, §§438, 439; Code 1867, §§3987, 3988; Code 1876, §§4657, 4658; Code 1886, §§4272, 4273; Code 1896, §§5221, 5222; Code 1907, §§6280, 6281; Code 1923, §§3274, […]
Section 15-10-14 – Detention and Arrest of Person Suspected of Larceny of Goods Held for Sale.
Section 15-10-14 Detention and arrest of person suspected of larceny of goods held for sale. (a) A peace officer, a merchant or a merchant’s employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the […]