1961 747 Ordinance - Laserfiche WebLink

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Therefore an officer has no authority to make an arrest without a warrant for a misdemeanor not com- mitted in his presence. His authority to arrest without a warrant exists only when (1) a crime, whether felony or misdemeanor, was committed in his presence, or (2) when there is reasonable ground to believe that the ac- cused has committed a felony, even though not in his presence. An officer or private individual should be very cautious about making an arrest without a warrant. If he exceeds his authority in that regard he will be liable in damages for false arrest. If there is any room for doubt in the matter he should first consult more ex- perienced authorities. Generally the slight delay that would be caused in first obtaining a warrant will do little harm. Such delay may save one the very humiliat- ing and trying experience of being brought to trial by one wrongfully arrested. One should constantly keep in mind that the purpose of the auxiliary police is to en- force the law, not to harass the public by illegal arrests based upon ill-founded suspicions. When an officer has a warrant for the arrest of a person he may generally pursue such person, arrest him in any county in this state, and bring him before the court issuing the warrant. (G. C. 13432-10.) If an officer proceeds to another county to make the arrest, and the offense charged in the warrant is a misdemeanor, the arrested person may request to be taken before a court in the county in which he is arrested. The officer must comply with this request. The arrested person may then give bond with that court. (G. C. 13432-11.) When an officer has a warrant for the arrest of an accused, or a search warrant, and after giving notice of his intention to make the arrest or the search, he is refused admittance, the officer may break down the door or window of the place. But in executing •a search warrant the officer may enter only the house or build- ing specifically described in the warrant. (G. C. 13432-14.) It is a misdemeanor to attempt to influence an offi- cer to permit his prisoner to escape. (G. C. 12834.) It 12 assume such duties, wearing the prescribed identification emblem, and to assume the duties of such auxiliary police officer for the enforcement of the criminal laws of the State of Ohio and as a conservator of public peace. The auxiliary ~ officer's acts at all times will be subject to the scrutiny of the public. He should not forget that his character is his capital. Deal honestly with all persons. Hold his word sacred no matter when, where, or to whom given. ~' Learn to know the people of his area and their habits; protect their property; make himself useful and aid them in all their lawful pursuits; and by an upright and straight- forward course and close attention to duty. Endeavor to merit the good will of all good citizens. In the pursuance of duty, avoid placing himself under obligation to anyone. Listen to all complaints made to him in his official capac- ity. Give word of comfort to those afflicted. In case of doubt as to his course of action, it is better to act with caution, using good judgment in' order to pre-. vent an injustice, but if an act of great violence has been committed, secure the offender at the earliest possible mo- • ~ ment; there are usually persons who are willing to assist the i njured. Care and caution should be exercised in performing his many tasks. Let promptness mark all his acts. Never leave his post without orders, except in cases of extreme emergencies. Never appear as an idle spectator. School himself on all occasions to keep perfectly calm and collected. Maintain perfect control of his temper under all circumstances, as t, ~ one who can govern himself can control others. I ki t th th f li n a ng e oa o an auxi ary officer he assumes certain responsibilities and to some extent loses his individ- uality and becomes ~a part of an organization and his actions ` will be judged on the basis of their effect on the entire auxiliary group of which he is a part. Orders received by an auxiliaryman are for his informa- tion and not for further distribution unless authorized by ® ~ his superiors. Officers of the parent police agency are enjoined and it is a part of their duties to report violations of rules of con- duct of their auxiliary personnel. 9