Odger's English Common Law

480 TRESPASS TO THE PERSON.
person endeavouring to pawn property which the pawn-
broker reasonably suspects to have been stolen. 1
Failure to
give any satisfactory account of the way in which the property
was acquired would be a reason for such suspicion. And
a| railway servant may arrest a passenger who fails to
produce a ticket or pay his fare, if he also refuses to give his
name and address. 2
There is, too, statutory power to arrest
any one making a disturbance in a church, chapel or church-
yard. 3
(c) A police constable has all the powers of a private
person ; he has also special powers vested in him by virtue of
his office. His liability with regard to arrest is, therefore,
considerably less than that of a private person. He may
without a warrant arrest any one for a breach of the peace
committed in his sight. 4
So, too, he may make any arrest
necessary to prevent a breach of the peace. And where upon
probable suspicion or upon a reasonable charge made by a
third person he believes that a felony has been committed, he
may without a warrant arrest the person whom he believes
to have committed such felony. 5 For that purpose he is
authorised (as upon a justice's warrant) to break open doors
it is said that he may even kill the felon, if he cannot other-
wise ensure his capture. 6 To render the arrest lawful, there
must be reasonable ground for suspecting both that a felony
had been committed and that the person arrested had
committed it. 7 Where he is suspected of having committed
a misdemeanour only, a police constable has not, as a general
rule, the same immunity, 8 unless it is conferred upon him
by special statute, such as the Protection of Animals Act,
1911, s. 12 (l), 9 or the Criminal Law Amendment Act,
1912, s. I. 10 The fact that a constable knew that a warrant
1 35 & 36 Vict. c. 93, s. 34.
8 52 & 53 Vict. o. 57, s. 5.
» 23 & 24 Vict. c. 32, ss. 2, 3.
> Griffin v. Coleman (1869),"4 H. k N. 265 ; R. v. Light (1857), Dearsl. & B. 332.
« Bogg v. Ward (1858), 3 H. & N. 417.
g 4 Bla. Com. 292.
7 Beckwith v. Philby (1827), 6 B. & C. 635, 638 ; Hogg v. Ward, supra
" Mathews t. Biddulph (1841), 4 Scott, N. R. 54 ; Bowditoh v. Balchin, (1850) 5
Exch. 378.
9
1 & 2 Geo. V. c. 27.
»° 2 & 3 Geo. V. o. 20.
v "
;