544.180. Arrest. - Missouri Statutes

Arrest.

544.180. An arrest is made by an actual restraint of theperson of the defendant, or by his submission to the custody ofthe officer, under authority of a warrant or otherwise. Theofficer must inform the defendant by what authority he acts, andmust also show the warrant if required.

(RSMo 1939 § 3959)

Prior revisions: 1929 § 3570; 1919 § 3913; 1909 § 5120

CROSS REFERENCE:

Detention of one as shoplifter not false arrest, RSMo 537.125

(1954) Under Missouri law a private person may make an arrest on showing of actual commission of a felony and reasonable grounds to suspect the accused. Richardson v. U.S., 217 F.2d 696.

(1960) Officer has a right to rely upon the presumption of the constitutionality of statute or city ordinance notwithstanding such ordinance or statute is subsequently declared to be void. Accordingly, the validity of the ordinance under which arrest was made would not be decided by the court in action for false imprisonment. Manson v. Wabash Railroad Co. (Mo.), 338 S.W.2d 54.

(1973) A private citizen may make an arrest without a warrant on a showing of commission of a felony and reasonable grounds to suspect the arrested party. State v. Fritz (Mo.), 490 S.W.2d 46.