Legal Opinion

Downs v. Swann

Court of Appeals of Maryland

Decided June 30, 1909PublishedCited by 51 opinions

Appeal from the Circuit Court of Baltimore City (Heuisler, J.). 1. It is the duty of a police officer in arresting’ a citizen to tape him before a magistrate for an immediate hearing, and the police officer has no other powers over the person of the citizen arrested, and that the police board has no greater powers than the individual police officer.

Read the full summary

Appeal from the Circuit Court of Baltimore City (Heuisler, J.). 1. It is the duty of a police officer in arresting’ a citizen to tape him before a magistrate for an immediate hearing, and the police officer has no other powers over the person of the citizen arrested, and that the police board has no greater powers than the individual police officer. Brisk v. Carter. 98 Md. 451; Twilley v. Perkins, 77 Md. 252; Edger v. Burke, 96 Md. 722; Kirk & Son v. Garrett, 83 Md. 400. 2. When a hearing is had before a magistrate, if the citizen is admitted to bail the police officer has no further power,…

1Opinion of the CourtSchmucker, J.

The appeal in this case was taken from an order of the Circuit Court of Baltimore City dissolving a preliminary injunction theretofore issued by it. The injunction had been issued, upon the filing of a bill of complaint to restrain the police authorities of Baltimore City from photographing and' measuring the appellant who had been arrested and was detained by them upon a charge of embezzlement of public funds of the city. The defendants having answered the bill made a motion to dissolve the injunction. The motion was heard upon bill and answer and the order dissolving the injunction was…

2Cases cited17 opinions

  1. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  2. Crowley v. ChristensenSupreme Court of the United States · 1890
  3. Reetz v. MichiganSupreme Court of the United States · 1903
  4. State v. BroadbeltCourt of Appeals of Maryland · 1899
  5. Singer v. StateCourt of Appeals of Maryland · 1890

12 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. United States v. KellyCourt of Appeals for the Second Circuit · 1932
  2. Carr v. WatkinsCourt of Appeals of Maryland · 1962
  3. State v. CramOregon Supreme Court · 1945
  4. United States Ex Rel. Theodore R. Stovall v. Honorable Wilfred Denno, as Warden of Sing Sing Prison, Ossining, New YorkCourt of Appeals for the Second Circuit · 1966
  5. Simms v. StateCourt of Special Appeals of Maryland · 1968

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API