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46.0805 Authority to arrest without a warrant when.

Cite as [A.S.C.A. § 46.0805]

A police officer is authorized, and it is his duty, to make an arrest without a warrant, in the following cases:

(1) when a felony is committed in his presence;

(2) to prevent the commission of a felony;

(3) of persons found near the scene of a felony and suspected of committing it, where such suspicion is based on reasonable grounds and the arrest follows the crime by a short time;

(4) when a misdemeanor is committed in his presence;

(5) to prevent a breach of the peace when he has reasonable grounds to believe that a breach of the peace is about to be committed;

(6) of persons who obstruct justice by assaulting him or otherwise interfering with him while he is discharging his duty;

(7) of persons who are in danger of life or limb and whose arrest is necessary for their protection.

History: 1963, PL 8-3.

Case Notes:

Warrantless arrest for misdemeanor committed in officer’s presence must be made as soon thereafter as reasonably possible; failure to arrest during 15-hour interim removes case from "in presence" exception of paragraph (4) and arrest is invalid. Government v. Ponausuia. ASR (1976).

Generally, an arrest, whether with or without a warrant, must be supported by probable cause. Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. § 46.0805(3). American Samoa Gov't v. Luki, 21 A.S.R.2d 82 (1992).

A confession will be suppressed if the government fails to meet its burden of showing that probable cause for a warrantless arrest existed when it was made. Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. § 46.0805(3). American Samoa Gov't v. Luki, 21 A.S.R.2d 82 (1992).