Buller J said: ‘That if a peace officer of his own head takes a person into custody on suspicion, he must prove that there was such a crime committed; but that if he receives a person into custody on a charge preferred by another of felony or a breach of the peace, then he is to be considered as a mere conduit; and if no felony or breach of the peace was committed, the person who preferred the charge alone is answerable.’
Judges:
Buller J
Citations:
Unreported 1788
Jurisdiction:
England and Wales
Cited by:
Dictum Approved – Hobbs v Branscomb 1813
. .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 07 December 2022; Ref: scu.259582