Effect of Improper Acts After a Lawful Arrest

Authors

Abstract

For our purpose we shall not consider the results which may follow an attempt to arrest, lawful or unlawful, where the party flees or resists; nor those following an illegal arrest which is effected without resistance. In the case of an attempt to arrest there is no end of possible situations and the rules of law are legion; an illegal arrest without resistance renders the officer liable only in damages for false imprisonment, McCullough v. Greenfield, 133 Mich. 463. While misunderstandings between the parties are less likely to occur, and the rights and duties of each are more easily defined when the arrest has been lawfully accomplished, nevertheless a number of interesting problems may arise from acts by one of the parties following the consummation of the arrest.

Recommended Citation

Effect of Improper Acts After a Lawful Arrest, 21 Mich. L. Rev. 453 (1923).
Available at: https://repository.law.umich.edu/mlr/vol21/iss4/8