State v. Bradshaw

I can agree that there was no basis for an arrest, but cannot agree that the statute is contrary to the provision of our constitution. It does not permit an unlawful seizure (arrest). It merely transfers the right of redress for a wrongful arrest to the orderly procedure of a court trial instead of a brawl in the streets.1

The question of lawfulness of an arrest may be a close one, and a brawl may result in a killing. The legislature was wise in passing the statute in question in the interest of maintaining order and preventing confrontations which might lead to bloodshed. Nowhere in the…