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The Prisoner at the Bar

Note 12 — FOOTNOTES:

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An attempt has apparently been made by the legislature of New York State to enlarge the powers of the police during the night-time by giving them authority to arrest "on reasonable suspicion of felony." The statute (Penal Code) reads as follows: "Section 179. May arrest at night, on reasonable suspicion of felony.

"He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterwards appear that a felony had been committed, but that the person arrested did not commit it."

This statute clearly stultifies itself. The writer is not aware of any judicial interpretation of its meaning up to the present time.

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