- quirements of the Selective Service Regulations, or otherwise, by
reason of his membership in the organization.
Members will carefully avoid any representation, direct or indirect, that they are Government officers; and will particularly avoid any statement or implication that they are members of the "Secret Service Department of the United States." The American Protective League is organized with the approval and is operating under the direction of the United States Department of Justice, Bureau of Investigation. It is not connected with the Secret Service Division of the Treasury Department.
When making investigations after receipt of instructions members of the American Protective League are authorized to state that they are making the investigation "for the Department of Justice."
Members of the American Protective League have no general powers of arrest. They are investigators only, and have no greater power than private citizens in the matter of arrests. As a general rule a citizen can make an arrest without warrant where a felony has been committed in his presence, but there is no authority for a citizen to make an arrest without a warrant to prevent the commission of a misdemeanor, or for a misdemeanor committed in his presence which does not amount to a breach of the peace. At common law, and except where changed by statute, it is the duty of every citizen to assist in preserving the public peace and safety. Any citizen may arrest without a warrant one who commits a breach of the peace in his presence, or where there is reasonable ground for apprehension that the arrested person is about to commit a breach of the peace. It is essential to justify such an arrest that the offense committed shall amount to a breach of the peace, that such offense shall have been actually committed or attempted in the presence of the person making the arrest, and that the arrest be made at the time when the offense was committed. No private person has the right to make an arrest for a misdemeanor without a warrant after the event or upon mere information or suspicion. The term "breach of the peace" is a generic one, and includes riots, unlawful assemblies, riotous and wanton discharge of firearms in the public streets, affrays, assaults, the use of profane, indecent and abusive language on the street, and in the presence of others, and other acts destroying public order and tranquility. The right of citizens in this regard, however, depends somewhat upon the Statutes of the several States and members should be advised by their Local Chiefs of their authority in the premises. They should act only where the regular police officers are not reasonably available and where inaction may be productive of serious results.
