3 Conn. Cir. Ct. 41 | Conn. App. Ct. | 1964
Before arraignment, the defendant moved for acquittal on the ground of illegal arrest. The motion alleges that an officer of the Orange police department arrested him on May 7, 1964, in the town of Milford for motor vehicle violations committed in the town of Orange; that he was arrested without a warrant and not while in the act of committing the alleged misdemeanors but sometime subsequent thereto, in violation of § 6-49 of the General Statutes; that as a consequence of the arrest his constitutional rights under article first, § 10, of the Connecticut constitution had been violated; and that, consequently, he is entitled to a finding of not guilty and termination of the state’s right to prosecute him for the alleged violations.
The evidence introduced by the defendant and the reasonable inferences to be drawn therefrom show that an officer of the Orange police department observed the defendant’s vehicle at 7:55 a.m. on
The defendant offers no citation of authority on the proposition that he would be entitled to a finding of not guilty if the arrest had been unlawful. The rule of law is otherwise. Where there has been an illegal arrest, the arresting officer may expose himself to civil liability. That does not dispose- of the crime, with which he may lawfully be charged. Rearrest, if necessary, and prosecution may be lawfully pursued even though the original arrest may have been unlawful.
“[W]here a defendant is physically before the court upon a complaint or indictment, either because he is held in custody after an arrest or because he has appeared in person after giving bail, the invalidity of his original arrest is immaterial even though seasonably raised.” Commonwealth v. Gor
The motion is denied.