Peterson v. Robison

I dissent.

The majority opinion is based upon several false assumptions as well as misstatements of both fact and law.

It appears to be conceded that the arrest of plaintiff, insofar as it was brought about by the acts and conduct of defendant, was unlawful. This must be conceded because an arrest can be made by a private person only,

“1. For a public offense committed or attempted in his presence.

“2. When the person arrested has committed a felony although not in his presence.

“3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have…