When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
Notes of Decisions
Cited in
2
cases, 1982–2000 · leading case:
State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
· cites it 2× “After notice of his authority and purpose, he receives no response within a reasonable time. 2. After notice of his authority and purpose, he is refused admittance.”
Padilla v. Superior Court of Arizona, Etc., 652 P.2d 561 (Ariz. Ct. App. 1982).
· cites it 2× “§ 13-901, make a warrantless arrest and we believe that such may be accomplished through a deputy sheriff by asking him to continue holding a probationer in custody so long as the person arrested is advised of the deputy’s authority and the cause of the arrest as required by…”
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