114 Ga. 354 | Ga. | 1901
Hogan instituted an action against Gordon of Spalding county, and Ragan of Carroll county, to recover damages for false imprisonment, alleging that Gordon unlawfully arrested and imprisoned him in the guard-house of the City of Griffin without reasonable or proper cause, and that such imprisonment was made at the instigation and procurement of defendant Ragan. The defendant Gordon justified the arrest of the plaintiff, on the ground that he was a police officer of the City of Griffin, and was empowered to make arrests for violations of the State law, and that there was, at the time of the arrest, a legal warrant for the arrest of Hogan in Carroll county. It does not appear, however, that he had the warrant at the time of the arrest, or that he had ever had it — that he had ever seen it, or, indeed, that he acted under knowledge that a warrant was in existence; for he himself testified that he arrested Hogan on directions on a postal card signed “ J. G. Tanner, sheriff,” and that was the only authority he had for making the arrest. An officer may not make an arrest without a warrant, unless the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Penal. Code, § 896. In delivering the opinion of the court in the case of Thomas v. State, 91 Ga. 206, Chief Justice Bleckley said: “No one who properly appreciates the sacredness of personal liberty, and the jealousy of the law in guarding the same, can doubt that as a general rule the law requires a warrant in order to render an arrest legal, whether it be made by a policeman or any public officer.” At the time of the arrest Hogan had not committed any offense in the presence of
The other defendant, Eagan, insists that he is not liable, because he had rented a mule, buggy, and harness to the plaintiff at a stipulated price per month, all of which had not been paid, and on information that Hogan had disposed of his property he caused a warrant to issue for Hogan’s'arrest, and he was arrested under the warrant and brought to CarroEton. The matter was talked over between Hogan and Eagan, and it was agreed between the parties that the plaintiff might return to Senoia and bring the horse and buggy back to Carrollton. To this the deputy-sheriff having the warrant consented. From information they decided that Hogan would not return on the day fixed (May 19), for that day’ had passed without his presence in compliance with his promise; so on May 19,Eagan, using the sheriff’s name by his authority, instructed the police at Griffin to look out for Hogan; but about six o’clock of the same day Hogan did return, and the next morning Eagan and Hogan settled, and the latter then departed in peace. On May 20, a notice to the police at Griffin, not to “bother Hogan; he has
When the plaintiff was arrested and brought to Carrollton, in the iuterest of the public an inquiry should have been entered into to ascertain whether there was foundation for the charge; but when he was allowed to go at large for a specific purpose, and failed to return at a specified time, in consequence of which the police were notified to look out for him, such notice would seem to have been given, not because he had committed a crime, but because he had failed to return and settle as he had promised. The notice caused the arrest. It was procured to be sent by the defendant. The
Affirmed.