62 
articles, such as knives, which have been much handled 
by the suspect; or (2) for the effect of the search in im¬ 
pressing the suspect with the gravity of the case, which is 
especially valuable if arrest is to be followed by “sweat¬ 
ing.” An additional aid in respect to the second point is 
the taking of a personal description of the suspect, which 
may well be done at the time of arrest. Search of a person 
under arrest requires no separate search warrant. 
Peace officers making arrest on authority of a warrant, 
or when an offense is committed in their presence, are pro¬ 
tected from any action for unlawful arrest. In the case of 
forest officers this protection will be invoked to the full 
by the district office. 
Return of warrants .—When an arrest has been made the 
prisoner must usually be returned to the magistrate or other 
officer who issued the warrant. 
In State misdemeanor cases, when the defendant is ar¬ 
rested in another county, the olficer must, if required by 
the defendant, take him before the magistrate in the latter 
county, who must admit the defendant to bail. When 
such a demand is not made, or if bail is not forthwith 
given, the officer must take the defendant before the mag¬ 
istrate who issued the warrant, as above provided. 
When arrest is without warrant, the prisoner must be 
taken before an appropriate magistrate as soon as practi¬ 
cable after the arrest. In a State case this may be what¬ 
ever convenient justice of the peace within the county 
will give the case best attention; except that, if the prisoner 
demands it, he must be taken before the justice nearest to 
the place of arrest. 
On arrival before the magistrate a proper complaint 
must be executed. Whether a warrant shall be issued 
upon it is subject to the discretion of the magistrate, in 
view of the course thereafter to be pursued. If a warrant 
is issued, its return is made simultaneously with its issue. 
When a prisoner is brought to a State magistrate of final 
return, in cases over which he has trial jurisdiction, the 
charge is read to the defendant, and, if he pleads guilty, 
he may be sentenced forthwith; otherwise a trial is had or 
future date set for it. 
