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MANUAL OF THE POLICE FORCE
OF THE CITY OF SAINT PAUL,
JULY, 1890

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RULES OF ARREST

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It is enjoined on officers that they shall read and learn these rules, as it is important that they shall know their duty, and perform it in such a manner as will justify their retention in that position. EFFICIENCY is the first rule of an officer's conduct; he should remember, in the execution of his duty as the cardinal principle, that he acts not for himself, but for the public. His appointment is in no sense for his own purposes. The entire law regulating his functions hinges upon this principle. He is required to have no feeling, save zeal to do what the law commands, and should never allow passion to urge him to brutality, nor fear, nor favoritism, nor sympathy to seduce him to illegal leniency. He should use no unnecessary force, nor hesitate to use necessary force in the performance of his duty. The degree of force is left to his discretion; but that discretion may be reviewed in the courts, and if he uses it wantonly he is answerable.

An officer acts at his peril, whether he arrests without cause, or neglects to arrest when there is cause. He is in a position where the law enforces on him the exercise of good sense, and no arbitrary rules can be established which will embrace all cases. The principles which should govern arrests may be stated as follows:

1. An arrest is the actual capture of a human being's body by manual possession thereof, which possession is taken either by virtue of a writ, issued by a court of competent jurisdiction; of facts occurring in the presence of the person making the arrest; or, of reasonable grounds of suspicion brought to his information. From this definition may be deduced:

1st. That mere words will not constitute an arrest.

2d. That such force may be used as will reduce the body of the person to be arrested to the possession (which means control) of the officer making the arrest. A mere touching with the finger, accompanied by a declaration of intention to arrest, is sufficient. So, if the officer does not lay hands on the person to be arrested, but he submits to the officer, saying he will go with him, that is an arrest.

2. All persons are bound to submit peaceably to legal arrests. Therefore, it is the duty of the officer to compel all persons to submit to such arrest.

3. Mere restraint or capture of the person does not constitute arrest; the officer making the arrest must inform the party to be arrested of his intention. This rule has its exceptions; as, when the party to be arrested is caught in the act. It is no doubt true, too, that an officer in the uniform of the force would not be obliged to show a warrant, although he is compelled to state the existence of it.

4. In order to justify the arrest under a warrant, the warrant must be valid on its face. There are very few cases in which this rule is of importance, for the reason that all process in the city is issued by certain well-defined and exclusive jurisdictions; but, in case of doubt as to the validity of a warrant, an officer ought to apply to his. superiors on the force, and not decide the question for himself.

If a warrant is invalid, its execution may be lawfully resisted.

6. If an officer knows that a warrant has been issued for the arrest of a party, it is his duty to arrest the party wherever he meets him, although he has not the warrant in his possession.

7. An officer may arrest without warrant both in cases of felony and of misdemeanor.

Arrests for felony, without warrant, may be made upon such reasonable grounds of suspicion that the party is guilty as may be gleaned from information or from the party's acts witnessed by the officer.

Hence, if creditable information is given of a felony, it is the duty of an officer to arrest the party to whom the information points.

9. Arrests for misdemeanor can never be made upon information. To justify them the officer must either have a warrant or see the act committed.

This rule cannot be too strictly applied to the case of arrests of parties of people. In such cases, officers must take no one's information against any party--unless the information is of felony.

10. Felony is an offense punishable by imprisonment in the state's prison.

11. Misdemeanor is an offense punishable otherwise.

There is a large class of cases falling under the city ordinances, in which officers are obliged to act. The succeeding rule applies to them.

12. In all cases under city ordinances, warrants should be taken out before arrest, unless the party to be arrested is engaged in actual violence, or some other conduct in the officer's presence, which it is necessary to stop at once.

If one is vending indecent books, is riotous or obscene in public places, is exposing animals for sale in the manner prohibited by law, is treating an animal cruelly, is driving a horse at the rate of speed prohibited by law, all these and like acts ought to be stopped by immediate arrest.

On the other hand, non-payment of licenses, neglect to take out licenses, uncleanly premises, all that class of acts which consist in neglect to do something prescribed by law, and not in active, violent opposition to law, ought to be complained of before arrest.

13. All these rules are subject to the general regulations relative to the beats of officers and must be harmonized with those regulations.

List of general misdemeanors commonly under notice in cities:

a. Attempt to pick a pocket—and any professional pickpockets making the slightest attempt on a person may be arrested.
b. Cruelty to animals in public places.
c. Interfering maliciously with telegraph wires.
d. Selling or carrying a slung shot.
e. In any manner aiding in a prize, cock, dog, or dog and rat fight.
f. Maliciously destroying fences, trees, etc.
g. Riotous conduct.
h. Brawls tending to riots.
i. Assaults.
j. Street intoxication.
k. Gambling.
l. Selling or keeping lottery tickets.
m. Selling or keeping lottery policies.
n. Killing any song bird at any time of year.
o. Carrying concealed weapons.