You’re Under Citizen’s Arrest!

Wait, is citizen’s arrest really a thing??

Well, yes. But be careful with that…

Arizona Revised Statutes (A.R.S.) §13-3884 states:

13-3884. Arrest by private person

A private person may make an arrest:

  1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
  2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

So it has to be a misdemeanor that breached the peace or a felony and you know who did it.

I.W.W. Deportations 1917 “Striker Resisting Arrest”

A.R.S. §3889 requires you to announce the arrest…unless you don’t have to:

13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

Photograph of the fingerprints of Ernesto Miranda from his booking sheet, Phoenix Police, Phoenix (Ariz.)

Clear enough?
No. Not at all.

There’s more:

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

Photograph of a group of prisoners in striped uniforms at the Arizona State Prison in Florence (Ariz.)

So, next you need to take the person you arrested to an officer and explain what happened. Then, you need to explain it to the judge. Apparently you shouldn’t make a citizen’s arrest if you’re in a hurry.

Arizona Code 1939

Or angry.

The Arizona Attorney General interpreted the provisions in Attorney General Opinion I85-048. It concluded that a citizen making an arrest could be charged with a crime or be sued for false arrest, false imprisonment, assault and battery, negligence, and violation of civil rights. The opinion notes that the provisions have been applied to the actions of security guards and law enforcement outside their jurisdiction.

Nevertheless, the provisions remain a part of Arizona law, where they’ve been since 1939 (Arizona Code §44-125). It seems that this law isn’t going anywhere.

 

 

 

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Christmas Through The Years in Arizona

How Arizona has celebrated Christmas tells us as much about our state history as it does the holiday’s more universal symbols. A quick tour through our historic newspapers finds stories of church, trees, masquerades, gifts, Santa Claus, and cheer happening in ways that could only take place in our state.

 

Christmas 1920
Bisbee Daily Review, 1920-12-15, CHRISTMAS EDITION

The Weekly Arizona Miner-Prescott-1878

140 years ago, Prescott chronicled a visit from Santa Clause, with gifts for between two and three hundred children. “Some of the older ones also received valuable presents and immediately forgot their childhood days were things of the past,” the Miner reported. The 12th Infantry Band provided music. Among these celebrations, the paper also noted a soldier “partaking of the good things generally yesterday , including egg-nog and perhaps something stronger in the line of ‘O be Joyful’”. He later mistook a private residence for Ft. Whipple and demanded entry.

Salt River Herald-Salt River Valley-1878

Meanwhile, in Phoenix, the Salt River Herald reported on the Christmas tree at public schools, crowded church services, private parties, and turkey shoots and horse races. A ball took place at Smith & Stroud’s hall.

Christmas 1913
Arizona Republican 1913-12-25

Arizona Weekly Citizen-Tucson-1888

Ten years later, the Arizona Citizen in Tucson noted their city celebrated “appropriately”, detailing local church celebrations as well as a gathering of the Southern Pacific Library Association at the Masonic hall, with gas lamps dimmed to let the tree’s lit candles flicker.

The Argus-Holbrook-1898

120 years Holbrook saw a masquerade ball by both adults and children. The Argus reported on two masquerade balls. The children’s party lasted from 6 p.m. to 9 p.m. “The little folks were attired in a variety of costumes, some beautiful, and some very ludicrous.”  The “fun ran high” until 9 p.m. Later, in the same hall, a party for the adults began at 11 and continued with dancing until 3 a.m.

Christmas 1915
Arizona Republican, 1915-12-25

 

Arizona Republican-Phoenix-1898

At the same time, if you wanted to do some shopping for the holidays in Phoenix, you could do so at the New York Store. If the name is unfamiliar, note that it was run by Sam Korrick and would be Korrick’s shortly thereafter.

Arizona Republican-Phoenix-1918

Overindulging in the holidays had not ceased when the Republican reported three men “wrapped in the arms of Bacchus” narrowly escaped a building burning in 1898. The fire, in the back of a shoe shop at 13 Wall Street, was probably caused by a lit cigarette. The men got rescued, the  fire put out, and the paper noted cause and consequence: “… their condition was due to potent libations they had consumed in an heroic endeavor to usher in the Yuletide in a fitting and proper manner. They will be arraigned in the city court this afternoon.”

Bisbee Daily Review, 1915-12-19, CHRISTMAS EDITION

 

 

 

Arizona Memory Project adds three new collections of Digital Federal Material

Arizona's Forest ResourcesThe Arizona Memory Project has expanded with three new collections of digital federal materials from the State of Arizona Research Library including:

Arizona Mines and Minerals – Federal Materials
Arizona National Parks, Forests, and Other Public Lands – Federal Materials
Colorado River and Dams – Federal Materials

“These new collections are comprised of dozens of materials from our Federal Documents collection that reflect the unique history of mining, public lands, and the Colorado River in Arizona,” said Amelia Raines, Federal Documents Librarian. “They include valuable resources such as federal reports about Arizona mines and mining practices, guides from the National Park Service, and histories of dams along the Colorado River.”

Sculptures at Hoover Dam

The Arizona Memory Project provides access to the wealth of primary sources in Arizona archives, museums, libraries, and other cultural institutions. Visitors to the site will find some of the best examples of government documents, photographs, maps, and multimedia that chronicle Arizona’s past and present. The Arizona Memory Project and additional online resources are available at the Digital Arizona Library, https://azlibrary.gov/dazl.

The State of Arizona Research Library is the Regional Federal Depository Library for Arizona. For more information about locating and accessing federal government publications or information, please contact Federal Documents Librarian Amelia Raines (araines@azlibrary.gov).

The State of Arizona Research Library is a part of the Arizona State Library, Archives and Public Records, a division of the Arizona Secretary of State. Additional physical materials may be viewed at the Polly Rosenbaum Archives and History Building, 1901 W. Madison, Phoenix, Arizona.

The Completion and Furnishing of the Capitol Building

introduced-bill-hb-095_page_1 There are many old documents in the State Library of Arizona’s Collection, and some of the most exciting are the introduced bills. One such bill is H.B. No. 95, from the Territorial Legislature of 1899. Titled, “An Act to Provide for the Completion and Furnishing of the Capitol Building,” it is the bill responsible for the historic copper-domed capitol building.

To see the whole document, click on the image.

To see what was passed into law, check out the Territorial Session Laws Collection contributed by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law.  (Hint, the tax rate was reduced from five cents per $100 to three-and-a-half cents per $100).

Explore Arizona

Summer hikes can be a fun way to enjoy scenic views and explore new areas.

Arizona has hundreds of hiking trails throughout the state, from the forest trails in the San Francisco Peaks, to the famous red rocks in Sedona, not to mention the Grand Canyon! No matter what your fitness level, you are sure to find one that will meet your needs. Whether you are looking for a challenge, or just a nice relaxing walk beside a creek, the Digital Arizona Library (DAZL) has a number of resources highlighting Arizona’s most exciting hikes. And remember to wear a hat and  bring plenty of water!

dazl-explore-arizona-hiking

To see some great reading, head on over to the DAZL blog…

http://www.azlibrary.gov/dazl/blog/1823

99 Years Ago Today: The Bisbee Deportation

bisbee_deportation

On July 12 1917, Sheriff Harry Wheeler and 2,000 deputies arrested over a thousand Bisbee men. Members of the International Workers of the World, these striking miners were forced at gunpoint onto a train and then left in the desert outside Columbus, New Mexico. The event soon became known as the Bisbee Deportation. To see what The Bisbee Daily Review or other Arizona newspapers have to say about this event visit the Digital Arizona Library and  explore the Arizona Digital Newspaper Program webpage.

Click here for more from our friends at DAZL