Page:United States Statutes at Large Volume 76A.djvu/601

–505– -505§ 3741. Breaking door or window (a) To make an arrest, a private person if the offense is a felonj*, and a peace officer, in all cases, may break open the door or window of the house in which the person to he arrested is, or in which they have reasonable gromids for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired. (b) A person who has lawfully entered a house for the purpose of making an arrest may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself. An officer may do the same when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered tor the purpose of making an arrest and is detained therein. § 3742. Escape or rescue; retaking (a) If a person arrested escapes or is rescued, a person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place. (b) To retake a person escaping or rescued, a person pursuing may break open an outer or inner door or window of a dwelling house if after notice of his intention he is refused admittance. § 3743. Taking weapons from person arrested A person making an arrest may take from the person arrested all dangerous weapons which he may nave about his person. § 3744. Taking of fingerprints and photographs A person arrested for an offense, except for violations of regulations prescribed pursuant to law which are triable in the magistrates' courts, shall be fingerprinted, photographed, weighed, and measured for height. CHAPTER

209—APPEARANCE BEFORE MAGISTRATE; PRELIMINARY EXAMINATION SUBCHAFTEB I—QENERAL PROVISIONS

See.

3781. Taking defendant before magistrate. 8782. Release by peace officer without appearance before magistrate. 3783. Admission to bail in subdivision of arrest. •UBCHAPTEB II—PBEUMII7ABY EXAMINATION BT MAGISTRATES OF OFFENSES TBIABIE IN DI8TBICT COURT

3801. Preliminary examination. 3802. Committing defendant to district court. 8808. Form of commitment. 3804. Material witnesses; bail; commitment. 3806. Material witnesses; depositions. 8806. Disposition of papers and bail. Subchapter I—General Provisions § 3781. Taking defendant before magistrate (a) A peace officer making an arrest under a warrant issued upon a complaint, or making an arrest without a warrant, or to whom an arrested person is delivered under subsection (b) of this section, shall take the arrested person without unnecessary delay before the magistrate of the subdivision wherein the offense was committed. (b) A private person making an arrest shall without unnecessary delay deliver the arrested person to a peace officer or take him before the magistrate of the subdivision wherein the offense was committed. (c) When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.

�