Page:United States Statutes at Large Volume 76A.djvu/599

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Sec. 3701. Complaint. 3702. Warrant or summons upon complaint. SUBCHAPTER II—ARREST

3731. 3732. 3733. 3734. 3735. 3736. 3737. 3738. 3739. 3740. 3741. 3742. 3743. 3744.

Arrest defined. ' Method of making arrest; restraint. Peace officers defined. Arrests by peace officers with or without warrant. Arrests by private persons. Oral order for arrest. Authority to summon assistance. Time of arrest. Manner of making arrest. Use of all reasonable means. Breaking door or window. Escape or rescue; retaking. Taking weapons from person arrested, Taking of fingerprints and photographs.

Subchapter I—Complaint; Warrant of Arrest § 3701. Complaint The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate or other officer empowered to commit persons charged with offenses and may be based upon information and belief. § 3702. Warrant or summons upon complaint (a) Rule 4 of the Federal Rules of Criminal Procedure applies to the issuance, form, execution or service, and return of a warrant of arrest or summons upon a complaint. As to proceedings within the Canal Zone, references in Rule 4 to a commissioner shall be deemed to refer to a magistrate. (b) Notwithstanding Rule 4(b)(1) of the Federal Rules of Criminal Procedure, the warrant shall command that the defendant be arrested and brought before the magistrate of the subdivision in which the offense was committed if the arrest is made in the Canal Zone, or before the nearest available United States commissioner if the arrest is made outside the Canal Zone. (c) Notwithstanding Rule 4(c)(2) and Rule 9(c)(1) of the Federal Rules of Criminal Procedure, a warrant of arrest issued upon a complaint or information may be executed outside the Canal Zone only if the offense charged is an offense against the United States. (d) Notwithstanding the first sentence of Rule 4(c)(4) of the Federal Rules of Criminal Procedure, the officer executing a warrant in the Canal Zone shall make return thereof to the magistrate, commissioner, or other officer before whom the defendant is Drought pursuant to section 3781 of this title. Subchapter II—'Arrest § 3731. Arrest defined An arrest is taking a person into custody in a case and in the manner authorized by law. §3732. Methodof making arrest; restraint An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessarj' for his arrest and detention.