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have jurisdiction to punish misdemeanors committed within their respective parks. They may upon sworn information issue process in the name of the United States directed to the United States Marshals of the districts to which their respective parks are attached for the arrest of any persons charged' with the commission of any of the crimes of which they have jurisdiction. In cases of conviction an appeal lies from a judgment of such a commissioner to the District Court of the United States for his district. Such court has power to prescribe, rules, procedure and practice for the National Park Commissioner whom it appoints and for such appeals.10 In cases arising in the Yellowstone National Park practice on such appeals, unless changed by such rules, is governed by the laws of Wyoming as to appeals in cases of misdemeanor from Justices of the Peace to the State District Courts.11 Such commissioners have jurisdiction within their respective parks for which they were appointed to issue process for the arrest of any person charged with commission of any criminal offense over which such a commissioner has no jurisdiction, within the park boundaries; to hear the evidence introduced and if he is of the opinion of probable cause is shown for holding the person so charged for trial, to cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the District Court of the United States for such commissioner's district; to certify to such court a record of his proceedings and the testimony; and to grant bail in all cases bailable under the laws of the United States or of the State within which the lands composing his park were located at the time of the session thereto the United States.12

§ 484. Arrests without warrants. Without statutory authority, no one, whether officer or civilian, can arrest without a warrant a person charged or guilty of a misdemeanor which

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was not committed in the presence of the person making the arrest. By the common law, a person guilty of a felony could be arrested by any one without a warrant. The statutes of most, if not all, of the States of the Union authorize a policeconstable or other officer of the peace to arrest any one when there is reasonable cause to believe that the latter was guilty of a felony.3 Pending an application for extradition to a foreign country or to another State or another Federal district an arrest without a warrant will be sustained if the extradition is subsequently granted.*

sons,

The act of March 1, 1879, provides: "Where any marshal or deputy marshal of the United States within the district for which he shall be appointed shall find any person or persons in the act of operating an illicit distillery, it shall be lawful for such marshal or deputy marshal to arrest such person or perand take him or them forthwith before some judicial officer named in section one thousand and fourteen of the Revised Statutes, who may reside in the county of arrest or if in that nearest to the place of arrest to be dealt with according to the provisions of sections ten hundred and fourteen, ten hundred and fifteen, ten hundred and sixteen of said Revised Statutes."'5

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Under the former election law, it was held that a supervisor of elections might arrest without a warrant in certain cases.6 Under the National Prohibition Law intoxicating liquor transported in violation of the law can be seized and the person in charge arrested without a warrant. Neither a police officer of a State, nor a private citizen, has authority without any warrant or military order to arrest and detain a deserter from the army of the United States.8

It is the duty of the officer making the arrest to exhibit his

§ 484. 1 Bad Elk v. U. S., 177

U. S. 530, 44 L. ed. 874.

2 Kurtz v. Moffit, 115 U. S. 487, 29 L. ed. 458; Pritchett v. Sullivan, C. C. A., 182 Fed. 480.

8 Chandler v. Rutherford, 101 Fed. 774.

v. Illinois, 119 U. S. 436,

4 Ker 440, 30 L. ed. 421.

5 20 St. at L. 341, § 9.

Ex parte Geissler, 9 Biss. 492. 741 St. at L. 315, Title II, § 26; U. S. ex rel. Soeder v. Crossen, 264 Fed. 459, 462.

8 Kurtz v. Moffit, 115 U. S. 487, 29 L. ed. 458.

warrant to the prisoner when requested. When the arrest is resisted, the officer is justified in using as much force as is necessary to seize and keep the person named in the warrant.10 When the arrest is illegal, for lack of a valid warrant or other reasons, the party attacked is justified in using force to preserve his liberty.11 So he may do if he has no knowledge or information that the person seeking to arrest him is an officer and is not chargeable with notice thereof.12 An illegal arrest is no defense to an indictment.13

§ 485. The complaint in a criminal case. The Fourth Amendment ordains: that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."1 Although there is reasonable ground for argument, based upon the maxim, noscitur a sociis that this language applies to search warrants only; the preponderance of opinion is that it applies also to warrants of arrests where no search is directed.2

No warrant of arrest can be issued before an indictment or an information has been filed, except upon a complaint showing probable cause, which is supported by oath or affirmation.3 It has been held that a certified copy of an information without a copy of any oath or affirmation to the facts showing probable cause for belief in the defendant's guilt, does not authorize the issue of a warrant. The complaint need not, however, be sworn to before another magistrate, who issues the warrant. If verified before another magistrate, that will be sufficient. But

9 O'Halloran v. McGuirk, 167 Fed. 493.

10 Starr v. U. S., 153 U. S. 614, 621, 38 L. ed. 841; Russell on Crimes, 9th Am. ed., Vol. I, 892; Bishop Criminal Law II, § 647.

11 West v. Cabell, 153 U. S. 78, 38 L. ed. 643; Bad Elk v. U. S., 177 U. S. 530, 44 L. ed. 874.

12 Starr v. U. S., 153 U. S. 614, 621, 38 L. ed. 841.

13 Ex parte Johnson, 167 U. S. 120, 42 L. ed. 103.

$485. 1 See Murray's Lessee v. Hoboken Land & Improvement Co., 18 How. 272, 285 L. ed. 372.

2 West v. Cabell, 153 U. S. 78, 87, L. ed. 643; U. S. v. Maresca, 266 Fed. 713, citing Farrow v. Springer, 57 N. J. Law 353.

3 U. S. v. Shepard, 1 Abb. U. S. 431, Fed. Cas. No. 16,273.

4 U. S. v. Shepard, 1 Abb. U. S. 431, Fed. Cas. No. 16,273.

5 Burr's Trial, Vol. I, 97.

it has been said, that, before issuing the. warrant, he should satisfy himself as to its truth beyond a reasonable doubt.

.It has been held that the complaint cannot be sworn to before a notary. And in another case it has been suggested that where sworn to before a notary a County Clerk's certificate, that the notary was duly appointed, is required. An affidavit containing no venue is insufficient. Letters which purport to have been written by the accused cannot be considered without proof that they were written or authorized by him.10 A complaint making a charge upon belief,11 or upon information and belief, is ordinarily insufficient, unless it states facts within dePonent's knowledge, upon which his belief is based.12 It has been so held of a complaint seeking a bench warrant under the Federal Prohibition Law,13 but a count upon information and belief will not vitiate others in the same complaint made upon personal knowledge.14 The offense should be plainly charged.15

charge of conspiracy by the defendant to defraud the United States with no other specification concerning the conspiracy nor an allegation of any overt act except that to effect the object of the conspiracy the defendants on a specified date had an interview within the district was held to be insufficient.16 Complaints for violations of the Internal Revenue Laws should be

erified by a United States District Attorney, Assistant District ttorney, Collector, or Deputy Collector of Internal Revenue, or Revenue agent.17 A complaint by a private citizen charging Such a violation will not support a warrant unless first approved in writing by a United States District Attorney.18 The ap

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proval of the District Attorney is not required to support a complaint of a violation of the Act to enforce Prohibition.19 In all cases except those arising under the Internal Revenue Laws, any one with personal knowledge of the fact that an offense has been committed against the United States may present a complaint under oath, to the United States Commissioner or other committing magistrate possessing jurisdiction who should then authorize the issue of a warrant for the arrest of the accused.20

22

The sanction of the District Attorney of the United States is not a prerequisite to the issue of the warrant.21 It has been held to be the proper practice for the commissioner, where practicable, before the issue of his warrant, to submit his complaint to the District Attorney for the latter's determination as to whether the ends of public justice require the prosecution; and that a magistrate is not bound to investigate charges, which have been made known to the District Attorney, and which the latter has declined to prosecute.23 A complaint of a criminal offense cannot be amended 24 except in summary proceedings under the navigation laws.25

§ 486. The warrant. The Revised Statutes provide that, in case of any crime against the United States, the offender may, "agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizance of the witnesses for their appearance to testify in the face. And where any offender or witness is committed in

19 Instructions of Attorney General to District Attorneys, June 3, 1920.

20 U. S. v. Skinner, 2 Wheeler, Crim. Cas. (N. Y.) 232, Fed. Cas. No. 16,309; U. S. v. Mackenzie, 1 N. Y. Legal Observer, 227, Fed. Cas. No. 15,690; U. S. v. Burr, 2 Wheeler, Crim. Cas. (N. Y.) 573, Fed. Cas. No. 14,692.

21 U. S. v. Skinner, 2 Wheeler's

Crim. Cas. (N. Y.) 232, Fed. Cas.
No. 16,309.

22 U. S. v. Skinner, 2 Wheeler, Crim. Cas. (N. Y.) 232, Fed. Cas. No. 16,309.

23 U. S. v. Mackenzie, 1 N. Y. Le. gal Observer, 227, Fed. Cas. No. 15,690.

24 U. S. v. Tureaud, 20 Fed. 621. 25 Infra, § 528.

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