Page:United States Statutes at Large Volume 84 Part 1.djvu/688

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

who has committed an oifeiise or whom he has probable cause to belieAe has committed or is committing a felony, and may arrest that person in any State the laws of which contain provisions equivalent to those of section 23-901. "§23^5)82. Arrests without warrant by other persons "(a) A special policeman shall have the same powers as a law enforcement officer to arrest without warrant for offenses committed within premises to which his jurisdiction extends, and may arrest outside the premises on fresh pursuit for offenses committed on the premises. "(b) A private person may arrest another— "(1) whom he has probable cause to believe is committing in his presence— " (A) a felony, or " (B) an offense enumerated in section 23-581 (a)(2); or " (2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest. "(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay.

"SUBCHAPTER VI—AUTHORITY TO BREAK AXD ENTER UNDER CERTAIN CONDITIONS "§ 23r-5,91. Authority to break and enter under certain conditions " (a) Any officer authorized by law to make arrests, or to execute search warrants, or any person aiding such an officer, may break and enter any premises, any outer or inner door or window of a dwelling house or other building, or any part thereof, any vehicle, or anything within such dwelling house, Duilding, or vehicle, or otherwise enter to execute search or arrest warrants, to make an arrest where authorized by law without a warrant, or where necessary to liberate himself or a person aiding him in the execution of such warrant or in making such arrest. " (b) Breaking and entry shall not be made until after such officer or person makes an announcement of his identity and purpose and the officer reasonably believes that admittance to the dwelling house or other building or vehicle is being denied or unreasonably delayed. " (c) An announcement of identity and purpose shall not be required prior to such breaking and entry— "(1) if the warrant expressly authorizes breaking and entry without such a prior announcement, or "(2) if circumstances known to such officer or person at the time of breaking and entry, but, in the case of the execution of a warrant, unknown to the applicant when applying for such warrant, give him probable cause to believe that— " (A) such notice is likely to result in the evidence subject to seizure being easily and quickly destroyed or disposed of, " (B) such notice is likely to endanger the life or safety of the officer or another person, " (C) such notice is likely to enable the party to be arrested to escape, or " (D) such notice would be a useless gesture. " (d) Whoever, after notice is given under subsection (b) or after entry where such notice is unnecessary under subsection (c), destroys, conceals, disposes of, or attempts to destroy, conceal, or dispose of, or

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