Assessment on "Arizona State Statutes: Review of 24 Laws"

Assessment 15 pages (5024 words) Sources: 0 Style: Let the writer chooseAugust 6, 2018

[EXCERPT] . . . .

Arizona State Statutes

A.R.S. 13-3893, Right to Break a Door or Window to Effect Release

This statute gives an officer of the law or a citizen making an arrest the right to break a door or a window from a building or structure in which they are detained in for the purpose of liberating themselves. In section 13-3801 and 13-3892, an officer of the law and a citizen respectively, have the power under the Arizona law to break into a building for the purpose of making an arrest if they are certain that the person to be arrested is barricaded therein. Under the Arizona Revised Statutes, section 13-3893 gives the person making the arrest the power to break a door or a window if they are barricaded in the building after they have broken in to make the arrest. This right applies when there is a sign of detainment within the building. In this case, detainment means that the entrance to the building is barricaded in a manner that the detained arrestor cannot leave the room or the building. Ordinarily, to leave a building means the ability to open a closed door or window to leave. In this case, it means the inability to open a closed door or window because it has been locked or barred in a manner that the officer or the citizen is unable to open it. This situation applies to a scenario where the person making the arrest enters a building to make an arrest within the provisions of 13-3891 or 13-3892 but is barricaded in one of the rooms of a multi-room building, assumedly by the guilty party as an act to delay or prevent the arrest. Additionally, if a police or a citizen enters a building to make an arrest but is barricaded inside rendering him/her unable to leave, then section 13-3893 gives that person the right to break a door or window so as to liberate themselves from the building.

To avoid any instance of sued by the building owner as an intruder, it is important that the officer or the citizen making the arrest follows the relevant procedure of making an arrest primarily, notifying the guilty person that you are entering the building for the purpose of making an arrest. Once the notification is made, and the person making the arrest enters the building, being barricaded inside is to be considered to be an act done with ill-motives thus, the right to break a door or window for the purpose of leaving the building either with the arrested person, or – for a citizen under section 13-3892 – for self-security to await the police to make the arrest.

The act of breaking the door or window under this section – 13-3893 under the Arizona Revised Statutes – gives the individual prevented from leaving the right to personally carry out the event of breaking the door or the window. The section doesn’t limit the person to the means or method to use in breaking the door or window, so long as he/she is able to liberate him or herself. So long as the person is able to break the door or the window, then this section of the Arizona Revised Statutes gives the barricaded individual the right to break it down to free themselves. Before breaking the door or the window, the individual is not required to pass a notice mainly for security persons. The only requirement is that once they come to the realization that they have been detained in the building, then they have to understand that breaking down a door or a window is one of the options available in the effort to liberate themselves.

A.R.S. 13-3894, Right to Break into Building in Order to Effect Release of Person Making Arrest Detained Therein: A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 13-3891 or 13-3892 and is detained therein.

This section of the Arizona Revised Statutes gives a third party the right to break a door or a window for the purpose of letting free a person detained in a building in which they had entered to make an arrest. Under section 13-3891 and 13-3891, an officer of the law and a citizen respectively, are accorded the right to break a door or a window for the purpose of making an arrest, so long as they are sure that the guilty person is within the building. However, for the fact that a guilty party might resist or prevent being arrested in a number of ways, including restricting or detaining the arresting party moving out of the building, then this section gives a third party the right to break down a door or a window so as to effect a release.

While section 13-3893 gives the restricted party the right to break down a door or a window for the purpose of effecting a release on self, this section gives a third party the right to do the same. This section is founded on the assumption that the restricted party might not be able to break down the door or the window to release self. This right applies when the detained officer or citizen is unable to liberate self by either opening or breaking a door or window.

For this right to apply, then it requires a determination that the person seeking to make the arrest is unable to leave the building or room because of blocked access(es) to the building. The persons breaking into the building need to be sure that the person making the arrest is detained therein by virtue of (1) him/her making it known to them that he is unable to leave or (2) taking too abnormally long to leave the building. For a person making an arrest and is barricaded in a building, he might call for help by making a phone call, or by shouting for help to whoever might hear him/her. Once the third party makes the determination that the person making the arrest in within the building, then he/she need to try to liberate the person by opening the door or a window, in case the door or window is locked barred from the outside. If this is not possible, the breaking the door or window is the next option.

To break the door or the window to liberate the detained person, the third party needs to make it know to the detained person of the intention to break the door or window. The main reason is to allow the detained person to be at a secure location to avoid being injured during the door or window breaking event. In addition, this section doesn’t outline any preferred method of breaking the door or window. The primary objective under this section is to set free the detained person who sought to make the arrest therefore, it is assumed that any method that is able to break the door or window is applicable and required.

A.R.S. 13-3895, Weapons to be Taken from Person Arrested: Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.

A lawful arrest is one that (1) there is intention to make an arrest from the part of the person making the arrest be it an officer of the law of a citizen, (2) the person making the arrest has authority under the law to make the arrest, (3) there is apprehension or detainment of the guilty party, and (4) understanding by the guilty party that he/she is under arrest and why he/she has been arrested. When these elements of an arrest are satisfied, this is then to be considered a lawful arrest. In this case, any weapons in possession of the arrested person are to be taken away. Section 13-3895 requires the person making the arrest to seize any weapon that the arrested person may have.

In the state of Arizona, an arrest can be done either by a police officer or by a citizen under section 13-3884. In such a case, the law lays out varying requirements on how to seize the weapons that the arrested party might have.

If the arrest is made by an officer of the law, then he is required to adhere to the rules of engagement set out in the law. To this effect, he is required to follow the procedure for making an arrest which includes notifying the person being arrested of their being placed under arrest, not using excessive force when making the arrest, and reciting to the arrested person his/her Miranda rights. Once the person is detained, the officer is to take away any weapon that… READ MORE

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