3734. Arrests by peace officers with or without warrant. 3735. Arrests by private persons. 3736. Oral order for arrest. 3737. Authority to summon assistance. 3738. Time of arrest. 3739. Manner of making arrest. 3740. Use of all reasonable means. 3741. Breaking door or window. 3742. Escape or rescue; retaking. 3743. Taking weapons from person arrested. 3744. Taking of fingerprints and photographs. Subchapter I-Complaint; Warrant of Arrest § 3701. Complaint The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate or other officer empowered to commit persons charged with offenses and may be based upon information and belief. § 3702. Warrant or summons upon complaint (a) Rule 4 of the Federal Rules of Criminal Procedure applies to the issuance, form, execution or service, and return of a warrant of arrest or summons upon a complaint. As to proceedings within the Canal Zone, references in Rule 4 to a commissioner shall be deemed to refer to a magistrate. (b) Notwithstanding Rule 4 (b) (1) of the Federal Rules of Criminal Procedure, the warrant shall command that the defendant be arrested and brought before the magistrate of the subdivision in which the offense was committed if the arrest is made in the Canal Zone, or before the nearest available United States commissioner if the arrest is made outside the Canal Zone. (c) Notwithstanding Rule 4 (c) (2) and Rule 9 (c) (1) of the Federal Rules of Criminal Procedure, a warrant of arrest issued upon a complaint or information may be executed outside the Canal Zone only if the offense charged is an offense against the United States. (d) Notwithstanding the first sentence of Rule 4(c) (4) of the Federal Rules of Criminal Procedure, the officer executing a warrant in the Canal Zone shall make return thereof to the magistrate, commissioner, or other officer before whom the defendant is brought pursuant to section 3781 of this title. Subchapter II-Arrest § 3731. Arrest defined An arrest is taking a person into custody in a case and in the manner authorized by law. § 3732. Method of making arrest; restraint An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention. § 3733. Peace officers defined The following are peace officers: (1) the marshal and deputy marshals; (2) constables of the magistrates' courts; and (3) all officers and members of the police force. § 3734. Arrests by peace officers with or without warrant Α peace officer may make an arrest in obedience to a warrant. He may arrest a person without a warrant when: (1) he has reasonable cause to believe that the person to be arrested has committed a public offense in his presence; (2) the person to be arrested has committed a felony, although not in his presence; or (3) he has reasonable cause to believe that the person to be arrested has committed a felony, whether or not a felony has in fact been committed. § 3735. Arrests by private persons A private person may arrest another: (1) for a public offense committed or attempted in his presence; (2) when the person arrested has committed a felony although not in his presence; or (3) when a felony has been in fact committed and he has reasonable cause for believing the person arrested to have committed it. § 3736. Oral order for arrest The district judge, United States attorney, or a magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of the judge, United States attorney or magistrate. § 3737. Authority to summon assistance (a) A peace officer attempting to serve a criminal process issued by a court or other authority, may summon a sufficient number of men to assist in the arresting or safekeeping of a person who refuses to be taken or who is likely to make his escape. (b) A person making an arrest may orally summon as many persons as he deems necessary to aid him therein. § 3738. Time of arrest If the offense charged is a felony, an arrest may be made on any day and at any time of day or night. If it is a misdemeanor, an arrest may not be made at night, except upon direction of a magistrate by indorsement on the warrant or except when the offense is committed in the presence of the arresting officer. § 3739. Manner of making arrest A person making an arrest shall inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape. § 3740. Use of all reasonable means If a person about to be arrested either flees or forcibly resists, after he has been informed of the intention of the arresting officer to place him under arrest, the officer may use all reasonable means to effect the arrest. § 3741. Breaking door or window (a) To make an arrest, a private person if the offense is a felony, and a peace officer, in all cases, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired. (b) A person who has lawfully entered a house for the purpose of making an arrest may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself. An officer may do the same when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest and is detained therein. 8 3742. Escape or rescue; retaking (a) If a person arrested escapes or is rescued, a person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place. (b) To retake a person escaping or rescued, a person pursuing may break open an outer or inner door or window of a dwelling house if after notice of his intention he is refused admittance. § 3743. Taking weapons from person arrested A person making an arrest may take from the person arrested all dangerous weapons which he may have about his person. § 3744. Taking of fingerprints and photographs A person arrested for an offense, except for violations of regulations prescribed pursuant to law which are triable in the magistrates' courts, shall be fingerprinted, photographed, weighed, and measured for height. CHAPTER 209-APPEARANCE BEFORE MAGISTRATE; PRELIMINARY EXAMINATION Sec. SUBCHAPTER I-GENERAL PROVISIONS 3781. Taking defendant before magistrate. 8782. Release by peace officer without appearance before magistrate. 3783. Admission to bail in subdivision of arrest. SUBCHAPTER II—PRELIMINARY EXAMINATION BY MAGISTRATES OF OFFENSES TRIABLE IN DISTRICT COURT 3801. Preliminary examination. 3802. Committing defendant to district court. 3808. Form of commitment. 3804. Material witnesses; bail; commitment. 3805. Material witnesses; depositions. 8806. Disposition of papers and bail. Subchapter I-General Provisions 83781. Taking defendant before magistrate (a) A peace officer making an arrest under a warrant issued upon a complaint, or making an arrest without a warrant, or to whom an arrested person is delivered under subsection (b) of this section, shall take the arrested person without unnecessary delay before the magistrate of the subdivision wherein the offense was committed. (b) A private person making an arrest shall without unnecessary delay deliver the arrested person to a peace officer or take him before the magistrate of the subdivision wherein the offense was committed. (c) When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith. (d) This section does not apply to arrests outside the Canal Zone, which are governed by Rule 5 of the Federal Rules of Criminal Procedure. § 3782. Release by peace officer without appearance before magistrate (a) A peace officer may release from custody, instead of taking before a magistrate, any person arrested without a warrant whenever: (1) the peace officer is satisfied that there is no ground for making a criminal complaint against the person arrested; or (2) the person arrested was arrested for intoxication only, and no further proceedings are desirable. (b) If a person is released pursuant to subsection (a) (1) of this section, the record of the arrest shall include a record of the release and thereafter the proceedings shall be deemed a detention only and not an arrest. § 3783. Admission to bail in subdivision of arrest (a) If a defendant is arrested in a subdivision other than the subdivision wherein the offense was committed, the officer shall, upon being required by the defendant, take him before the magistrate of the subdivision of arrest, who may admit the defendant to bail to answer within a reasonable time before the magistrate of the subdivision wherein the offense was committed. (b) Upon the taking of bail as provided by subsection (a) of this section, the magistrate shall certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer shall then release the defendant from custody, and without delay deliver the warrant and undertaking to the magistrate before whom the defendant is required to appear. (c) If, on the admission of the defendant to bail as provided by subsection (a) of this section, the bail is not forthwith given, the officer shall take the defendant before the magistrate of the subdivision wherein the offense was committed. Subchapter II-Preliminary Examination by Magistrates of Offenses Triable in District Court § 3801. Preliminary examination (a) Unless waived by both parties, when a person is charged with an offense not triable before a magistrate, the magistrate shall hold a preliminary examination. (b) The magistrate shall inform the defendant of the complaint against him, of his right to retain counsel and of his right to have a preliminary examination. He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure. (c) The defendant shall not be called upon to plead. If both parties waive preliminary examination, the magistrate shall forthwith hold the defendant to answer in the district court. If examination is not waived, the magistrate shall hear the evidence in a reasonable time. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold him to answer in the district court; otherwise the magistrate shall discharge him. The magistrate shall admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure. (d) The United States attorney may conduct an investigation and present an information to the district court as provided by sections 4012 and 4013 of this title after a defendant has been discharged by a magistrate's court. § 3802. Committing defendant to district court When a magistrate orders the defendant to be held to answer, after preliminary examination in cases triable in the district court, and the defendant is not admitted to bail or does not give bail, the magistrate shall make out a commitment signed by him with his name and office and deliver it with the defendant to the officer to whom he is committed, or if that officer is not present, to a peace officer, who shall deliver the defendant to the proper custody, together with the commitment. § 3803. Form of commitment The commitment must be to the following effect: Magistrate's Court, The Government of the Canal Zone, to the warden of the jail of --- be An order having been this day made by me, that held to answer upon a charge of (stating briefly the nature of the offense and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this -- day of § 3804. Material witnesses; bail; commitment (a) On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the Government a written undertaking to the effect that he will appear and testify at the court to which the warrant and other proceedings are to be sent, or that he will forfeit the sum of $100. (b) When a magistrate is satisfied by proof on oath that there is reason to believe that a witness referred to by subsection (a) of this section will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as the magistrate deems proper, for his appearance as prescribed by subsection (a) of this section. (c) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate shall commit him to jail until he complies or is legally discharged. (d) Upon the failure to appear of a witness who has entered into an undertaking to appear, the undertaking is forfeited in the same manner as undertakings of bail. § 3805. Material witnesses; depositions When it satisfactorily appears by examination, on oath, of the witness or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined before the magistrate on behalf of the Government. The examination shall be by question and answer, in the presence of the defendant or after notice to him if on bail, and conducted in the manner provided by sections 42964300 of this title, and the witness shall be thereupon discharged. The deposition may be used upon the trial under the same conditions as prescribed by section 4301 of this title. This section does not apply to an accomplice in the commission of the offense charged. |