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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 152 SUPREME COURT — OCTOBER TERM. FR ay) ___ ___ Eawe cook EAR. BLL. suit, an exemplified enpy of the record of a judgment ohtained in the New York Supreme Court. by Charles I. Kane and Menry P. Hubbell, agzinst- William Cook, January 1$th, 1854, by publi- cation of summons, an‘ without any personal service. ar any ap- pearance of the defoncant, ciiher in person or br attorney — the defendant being. at the time. a non-resident of the State of New York. and a resident of the Stste of California — all of which facts ‘appeared from the reeard. — fhe transerint was readin evidence. under objections from | . nlaintifs’ counsel. that’ such record was not evidence, nor any - bar to this action, for want of jurisdiction in the Court of the per- san of the defendant. No other evidence was_offered on the part. ef the defandani, ~—=— , TT Feb. 1964} Prorie v. MARTIN ; 91 (225 C.A.2d 91: 36 Cal.Rotr. 924] a a enna (Crim. No. S788. Second Dist. Div, Four, Feb, 21, 1904.) — _ THE PEOPLE, Plaintitf and Respoudenf. v. FRED RAMBERT MARTIN, Defendant and Appellant. [1] Police — Rights and Duties — Arrest. — Generally, excluding eases of fresh pursuit, a publie officer for a particular eoun- ty or municipality has mo oficial, power to arrest offenders — beyond the boundaries of the county or district for which he is appointed, - [2a-2c] Arrest—Without Warrant—Private Person: Searches and Seizures—Incidental to Arrest.—Defendant’s irrest by Jus Angeles city policemen in the City of Alhambed for a mide. meanor offense purportedly committed in that city must be viewerl as having been made by private citizens, and, where, the reverd does not disclose the commission >f any offense “Whatever in the oivers’ presence, such arrert was iNegal. x ax Was the subsequent gcirch of defendant's rooms incident therete and evidenve seized in such search was inaéniissible against defendant, {3] Id—Without Warrant—Private Person.—An officer's power af arrest, when acting beyond the limits of the geographical unit by which he is appointed, becomes that which is con- ferred on_a private citizen in the same circumstances, (4) Id.—Without Warrant-Private Persom—A private citizen, unlike a peice ofticer, may not arrest whenever he has reason- . able cause to believe that the person to be arrested has com- mitted a publie oifense in his presence, or whenever he has reasonable cause to believe that such person has committed o felony, whether or not a felony has in facet Sas been com- mitted, (Pen. Code, $§ $36, $37.) False Imprisonment « Nh Code section 236 states that false imprisonment is the unlawful deprivation of the personal liberty of another. Sec- tion 237 makes a routine violation of 236 a misdemeanor. However, if violence, fraud, menace or deceit is used, the offense escalates into a felony. The word “‘imprisonment’’ as used in this section is really a misnomer., Actually, a simple il-. legal detention will invoke the sanctions contained in this . section. False arrest, as opposed to false imprisonment, is a civil as well as a civil rights matter. POINTS AND AUTHORITIES. , _ ~ = tom Ot