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A warrant of arrest for a felony may be executed at 
any time of day or night. For a misdemeanor, arrest can 
be made only in the daytime unless night service is 
specifically authorized in the warrant. Daytime, for 
such purposes, is defined as from sunrise to sunset. 
Service by telegraph .—Under the State law a justice of 
the supreme court or a judge of a superior court may, 
by an indorsement upon a warrant of arrest, authorize the 
service thereof by telegraph, sending an authenticated 
telegraphic copy thereof, which is then as effectual in the 
hands of an officer as the original. Similarly a Federal 
judge may authorize the service of a warrant in a Federal 
case by telegraph. 
The arrest .—Arrest is made by an actual restraint of the 
person of the accused or by his submission to the custody 
of an officer. The prisoner is usually, and on demand 
must be, informed of the cause of the arrest and the au¬ 
thority to make it, and shown the warrant when acting 
under a warrant. An officer acting under a warrant may 
use all necessary means to effect the arrest if the accused 
resists or flees after being informed of the intention to 
arrest him. He must not, however, be subjected to any 
more violence or restraint than is necessary for the arrest 
and detention. In fact, all unnecessary officiousness or 
unpleasantness should be avoided, since much more can 
afterwards be gotten, as a rule, out of a prisoner well 
treated, and there will be no chance for his attorney to 
bring charges of bulldozing. An officer making an arrest 
may orally summon as many persons as he deems necessary 
to aid him, and refusal to render such aid is a punishable 
offense. A United States commissioner can summon any 
necessary county, State, or Federal assistance to appre¬ 
hend the person or persons for whom his warrant is 
issued. 
When an arrest is made, the person arrested, should be 
searched, unless he is willing at once to plead guilty. In 
this work the value of search is not so much for dangerous 
weapons as (1) to secure articles which may afford good 
evidence, especially microscopic evidence in the case of 
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