American Samoa § 46.0805 - Authority to arrest without a warrant when.

§ 46.0805. Authority to arrest without a warrant when.

A police officer is authorized, and it is his duty, to make an arrest without a warrant, in the following cases: (1) when a felony is committed in his presence; (2) to prevent the commission of a felony; (3) of persons found near the scene of a felony and suspected of committing it, where such suspicion is based on reasonable grounds and the arrest follows the crime by a short time; (4) when a misdemeanor is committed in his presence; (5) to prevent a breach of the peace when he has reasonable grounds to believe that a breach of the peace is about to be committed; (6) of persons who obstruct justice by assaulting him or otherwise interfering with him while he is discharging his duty; (7) of persons who are in danger of life or limb and whose arrest is necessary for their protection. Case Notes: Warrantless arrest for misdemeanor committed in officer’s presence must be made as soon thereafter as reasonably possible; failure to arrest during 15-hour interim removes case from “in presence” exception of paragraph (4) and arrest is invalid. Government v. Ponausuia. ASR (1976). Generally, an arrest, whether with or without a warrant, must be supported by probable cause. Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. § 46.0805(3). American Samoa Gov’t v. Luki, 21 A.S.R.2d 82 (1992). A confession will be suppressed if the government fails to meet its burden of showing that probable cause for a warrantless arrest existed when it was made. Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. § 46.0805(3). American Samoa Gov’t v. Luki, 21 A.S.R.2d 82 (1992).