Legal Opinion

Price v. Tehan

Supreme Court of Connecticut

Decided March 8, 1911PublishedCited by 21 opinions

Action to recover damages for false arrest and imprisonmént, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiff for $50, from which the defendants appealed. The defendant Tehan was a policeman on duty in the city of Waterbury.

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Action to recover damages for false arrest and imprisonmént, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiff for $50, from which the defendants appealed. The defendant Tehan was a policeman on duty in the city of Waterbury. An ordinance of that city enacted under authority of the city charter, which made the offense created by the ordinance a misdemeanor, forbade the assembly of persons idly and in crowds upon any footway, sidewalk or crosswalk, in any street, or in the public squares of the city; and provided that…

1Opinion of the CourtPrentice, J.

The plaintiff’s arrest was at the hands of a police officer, without a warrant, and for the commission of a statutory misdemeanor created and defined by a municipal ordinance. The common law has long recognized the right of a peace officer to arrest without a warrant one whom he had reason or probable ground to suspect of having committed a felony, even though the suspected person is innocent, and although no felony had been committed. 4 Blackstone’s Comm. 292; 2 Swift’s Digest, 388; Samuel v. Payne, 1 Douglas, 359; Beckwith v. Philby, 6 Barn. & C. 635; Rohan v. Sawin, 5 Cush. (Mass.) 281.…

2Cited by21 opinions

  1. State v. DelVecchioSupreme Court of Connecticut · 1962
  2. Bushardt v. United Investment Co.Supreme Court of South Carolina · 1922
  3. Robert Williams v. Frederick E. Adams, Warden, Connecticut State PrisonCourt of Appeals for the Second Circuit · 1971
  4. Sims v. SmithSupreme Court of Connecticut · 1932
  5. McKenna v. WhippleSupreme Court of Connecticut · 1922

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