—declaring that after a warrantless arrest the marshal "would be authorized to imprison the offender, until he could be properly brought to trial

Common-law decisions of the late 1800s and early 1900s were less emphatic than Scalia indicated regarding the permissible grounds for delaying a probable cause hearingas indeed Scalia's own authorities made clear

The Court then remanded, not because a false imprisonment could not exist without an unlawful arrest, but because the jury failed to consider the circumstances possibly justifying the marshal's detention of the plaintiff.

The instruction given omits entirely the point as to the accessibility of the magistrate, contained in appellant's proposed instruction which is of vital importance in the case at bar.

There should certainly be no imprisonment, unless the circumstances rendered such imprisonment necessary.

Either a peace officer or a private citizen may arrest without a warrant to prevent a felony or a breach of the peace which is being committed, or reasonably appears about to be committed in his presence.

On appeal, the Supreme Court of Alabama first noted that neither party contested the validity of the arrest.

—the plaintiff was arrested without warrant by the marshal of Oxford on the grounds that the plaintiff was about to commit a breach of the peace.

[CITATION] Constitutional Criminal Procedure: An Examination of the Fourth, Fifth and …

[CITATION] Modern tort law: liability & litigation

[CITATION] Code of Alabama, 1975: With Provision for Subsequent Pocket Parts