A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their PreventionColquhoun, Patrick
History
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention
Colquhoun, Patrick
Crime -- England -- London; Police -- England -- London
When a _hue-and-cry_ is raised, every person, by command of the
Constable, must pursue the felon, on pain of fine and imprisonment.
In this pursuit also, Constables may search suspected houses if the
doors be open: _but unless the felon is actually in the house_, it
will not be justifiable to use force; nor even then, except where
admittance has been demanded and refused.
A Constable, even without any warrant, may break open a door for the
purpose of apprehending a felon; but to justify this measure, he must
not only shew that the felon was in the house, but also that access
was denied after giving notice that he was a Constable, and demanding
admittance in that capacity.[109] In the execution of the warrant of a
Magistrate, the Officer is certainly authorized to break open the
doors of the felon, or of the house of any person where he is
concealed.--The first is lawful under all circumstances; but forcibly
entering the house of a stranger may be considered as a trespass, if
the felon should not be there.[110]
[Footnote 109: Hale.]
[Footnote 110: Hale.]
Such are the powers with which Constables are invested,--and which
are, in many instances, enforced by penalties; that public justice may
not be defeated.[111]
[Footnote 111: It may not be improper in this place to hint, that
there is a deficiency in the present state of the Law, which calls
aloud for a remedy. None can be arrested on a Sunday, but for felony
or breach of the peace (except in certain cases, where their guilt has
been previously decided on, as in _Escape_, &c.) By this means
Lottery-Vagrants, Gamblers, Sharpers, and Swindlers, bid defiance to
the Civil Power on that day; while a person guilty of pushing or
striking another in an accidental squabble, may be arrested and
confined.]
In addition to this, the wisdom of the Legislature, as an
encouragement to officers and others to do their duty in apprehending
and prosecuting offenders, has granted rewards in certain cases;
_Namely_,
4 Will. & Mary, 1. For apprehending, and prosecuting £.
c. 8; and 6 to conviction, every robber, on the
Geo. I. c. 23. highway, including the streets of the
Metropolis, and all other towns, a reward
of 40_l._ besides the _horse_, _furniture_,
_arms_, and _money_, of the said robber,
if not stolen property: to be paid
to the person apprehending, or if killed
in the endeavour, to his Executors. 40
And the Stat. 8 Geo. II. c. 16. superadds
10_l._ to be paid by the Hundred
indemnified by such taking.
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