Our Beat - Vol. 9 - No. 7 - Jam. 20th, 1958

Sep 10, 2026

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A legal and procedural briefing in an “Our Beat” issue explains what an arrest requires, focusing on the arrested person’s understanding. It clarifies that knowledge can be conveyed through spoken commands or surrounding circumstances, and that submission to the arresting authority indicates comprehension. It also distinguishes true arrests from the mere issuance of traffic citations, noting the absence of custody, seizure, and officer control. The issue further includes police auxiliary installation and award-related coverage.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages10

Reading Time25 min

AccessFree to download

AUXILIARY INSTALLS OFFICERS

Ladies Auxiliary installation of officers

Arrest: Understanding Requirement

Actions causing the arrestee to understand

Methods of imparting understanding

Submission as evidence

Exception for unconsciousness or incapacity

Traffic citations vs. arrest

No intent, no seizure, no control

Typical application in accidents

0UR BEAT Vol.9-No.7 Jam.20th,1958 See Page 2 -二 LAW -4 D。Understanding。 The actions of the person making the arrestmust result in the understanding on^the part of the personbeing arrested that he is under arrest。 1。To enable a person to so understand is one of the reasonsfor requirements that he be inf ormed of the authority andpurpose of his arrest. 2.Understanding may be imparted to a person being arrestedby words or by attendant facts and circumstances,such asa uniformed officer telling a person to "get in the squadcar and come to the station"and taking him by the armto propel him to the car,or by a seizing of a person ashe is in the conmission of a crime。 3.Submission to the control and authority of the personmaking the arrest is evidence of the fact that the arrest-ed person understood he was being arrested。 4。Exception:An arrest may be consummated,providing theother necessary elements are present,of an unconsciousperson or other person so mentally incapacitated that heis incapable of understanding that he is being placedunder arrest at the time。 IV。The mere issuance of a traffic citation does not constitutean arrest。 A。The mere issuance of a traffic citation to an offendingmotorist notifying him to appear in court at a certain timeto answer charges for his violation does not constitute anarrest because: 1。There is no intent on the part of the issuing officer totake him into the custody of the law。 2。There is no actual or constructive seizure or detentionof the person in merely issuing the citation to him。 3。The motorist is not thereby subject to the actual controland will of the issuing officer。 4。This is applicable ordinarily to motorists involved inmotor vehicle accidents who have been issued trafficcitations at the scenes of such accidents by investigatingofficers。 5。"...The very purpose of merely notifying a person chargedwith some offense simply to appear before a magistrate isprecisely to avoid arresting him therefor;it is preciselynot to deprive him of his liberty for the time being;itis for the very purpose of leaving him master of his ownmovoments until the time fixed。 The person so notified orsummoned is no more under arrest than a witness summonedor notified to appear before a magistrate on a given day..The fact remains that such person is not under arrest forthe time being but is master of his own movements。" (COVER photo by Identification Technician Lloyd Maestri) E1even officers and a traffic guard were given awards during thegraduation cerenonies of the recent cadet class。 Pictured on the COVER from left,top:Deputy Superintendent Joseph I。Giarrusso,Honorable deLesseps S。Morrison,Ptn。James Miller,Ptn。Allen Moreau,Ptn。William Dudenhefer,Ptn。James Riley and Ptn。Jay Sedgebeer。Center photo,Guard Hazel Demonn,Ptn。Howard Dey,Jr。,Ptn。David Kissee,Ptn。Roger Leoncavallo,and Ptn。Philip Genovese。Lower left;Lieut。Sidney Terrebonne,Diréctor of Training,Superin-tendent Provosty A。Dayries and Ptn.'Edgar Burgess. Right,CaptainLouis Sirgo,Planning Officer and Mayor Morrison。 Patrolmen Miller,Moreau,Dudenhefer,Riley and Sedgebeer each re-ceived a medal of honor。 It was judged that these officers had ex-posed themselves to bodily harm performing a brave act beyond thecall of duty。 These officers were chosen after careful consideration and deliber-ation by the Citations and Awards Cormitcee。 This committee is headedby Deputy Superintendent Giarrusso,as chairman,and is composed ofChief of Detectives,Willian J。Mc Nanera,Major John J。Becker,Super-visor of Traffic,Major Edward Reuther,Supervisor_of Districts,Capt。William Walker,Sr。,Juvenile Officer,and Major Alfred A。Theriot,Administrative Assistant。 Traffic Guard Demonn was_given an Award of Conmendation for render-ing a service beyond the cali of duty in apprehending a criminal whomshe believed to be dangerously armed。 Patrolmen Dey Kissee and Leoncavello were given an Award ofCommendation for rendering a service beyond the or

FAQs

What must the arresting officer ensure for an arrest to be valid?

The arresting actions must result in the arrested person understanding that he is under arrest.

How can the arrested person’s understanding be communicated?

Understanding may be imparted by words or by attendant facts and circumstances, such as an officer directing the person to the squad car or seizing the person during a crime.

Does issuing a traffic citation constitute an arrest?

No. A traffic citation alone does not constitute an arrest because there is no intent for custody, no actual or constructive seizure, and the motorist is not under the issuing officer’s control.

Sep 10, 2026

Uploaded by Skyler