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arrest warrant exceptions
by marsmet526

Orkney Constabulary 1899
arrest warrant exceptions
Image by conner395
This is the whole of the "private" police force covering the County of Orkney in 1899: -.
1 chief officer (Superintendent),
1 Sergeant (the rank only just created there and which would not be used again until 1938) and
4 Constables.
Total – SIX!

It appeared in the Police Review and Parade Gossip in 1900, along with an article on the force (obviously written by Supt Cruikshank!!)

The officers in the photo are:
Back row (L-R) PC James Lowden (deceased) ; PC Alexander Wright; Sgy John Tulloch

Front row (L-R): PC Richard Atkin, Supt Cruikshank; PC James (actually Alexander) Grant.

PC Grant appears to have been the former Superintendent of the Orkney force (1858-1898) who – as the article very remarkably stated – was back in uniform due to dire straights.

Both Tulloch and Atkin would go on to become Superintendent (Chief officer) – remarkably Atkin was appointed ahead of Tulloch, when Mr Cruikshank gave up the post (in the huff??) and headed south again in 1900. Indeed even in 1907 when a successor for Mr Atkin was required, Mr Tulloch did not get the job, as a junior officer (who joined after this photo was taken) was promoted to Superintendent and held the post until 1927. Thereafter Mr Tulloch was finally made Superintendent, which he held until 1938. So this photo shows 4 of the 5 chief officers during the "private County council force" period (1858 – 1938) – including:-
- the first (Grant),
- the last (Tulloch) and
- the only one taken on from outwith (Cruikshank) – albeit Grant was a Sergeant in Ross-shire when appointed to Kirkwall to set up the force in 1858. Quite a bit of history in a wee photo!

PC Lowden was killed at the Battle of Magersfontein in December 1899 so presumably was recalled to his regiment in the October – hence the photograph would likely have been taken midway through 1899 since "summer uniform" is specifically mentioned in the article.

The article is reproduced in full at the end of this article – it is well worth the reading.

Orkney is a group of islands off the north coast of Scotland. Like its sister island-group to the north, Zetland (Shetland) is was a self-contained County. As a result both Counties were exempted from the requirements of the Police (Scotland) Act of 1857 to establish a police force. The other Scottish island groups (Outer and Inner Hebrides) off the west coast of Scotland were part of mainland counties (Inverness, Ross or Argyll) and thus were not exempt.

Orkney did in any case decide to set up its own force in 1858 although it remained a "private County council" force until 1938, and was not subject to Governement inspection – and thus no Government funding was forthcoming till 1938.

———-

POLICE REVIEW AND PARADE GOSSIP" newspaper
dated 16 March 1900
"THE ORKNEY CONSTABULARY"

We have pleasure in reproducing above a group photo of the members of the Orkney County Constabulary.

The County of Orkney – with the exception of Shetland – is the farthest north of H.M. home dominions. The Orkneys consist of a group of 65 islands, 30 of which are inhabited. The population at the last census was 30,453.

The county is famed as a summer resort, but is considered by many Southerners too far off for a short holiday. The journey can however be accomplished from London in two days. There is excellent shooting and fishing in the county, and ample facilities for boating and bathing. The roads also are first class for driving and cycling.

The scenery in some parts is magnificent, and antiquarians visiting the county are invariably delighted with the many ancient and interesting ruins, etc., of bygone days.

The Police Force consists of only six Officers, all told. Besides being Police Constables, they are all sworn Sheriff Criminal Officers, and draw Exchequer fees in addition to their county salaries. The work, although varying considerably from what is experienced in a large city or populous county, is very arduous. The weather in summer is delightful, but in winter it is very trying. Travelling through ‘the wind-swept Orcades,’ as a Police Officer, gives a good illustration of the saying that ‘the Policeman’s life is not a happy one.’

Upon receiving information of a crime or offence in the outlying parts of the mainland or in the Islands, the Orkney Constable has to don his oilskins and sou’-wester, and set off in a trap or boat, as the case may be, and he then looks quite a different creature to what he appears in our portrait, where he is depicted in his summer uniform.

"Fancy," writes a correspondent, "an Officer being sent off to an outlying island in a sailing boat to investigate a case, and being ‘storm-staid’ for three weeks. There is no pier, no steamboat connection, no telegraph, and neither the authorities nor his wife and family can have any knowledge of whether the absent Officer is dead or alive."

"We never think about an eight-hours’ day here, and it often exceeds double that time. The small Force is quite unable to overtake the Police work, and many of the smaller offences and complaints are never thoroughly investigated for want of time."

The present Chief, Mr Colin Cruikshank, has recommended a substantial increase of the staff, and no doubt his recommendation will be given effect to.

The variety of the weather in the winter time is extraordinary. A fine morning frequently turns into such a fearful night that the Chief Constable’s pony cannot face it, and the Chief has to get out of of the trap and walk in front of the pony, sheltering it, for miles, eventually reaching home exhausted at a time when the ordinary work-a-day folks are getting out of bed.

Boating is worse, and the variety of the weather is more felt. Sometimes it is too bad to venture in a boat. At other times it is so bad that oilskins are not sufficient protection from the sea, and the occupants of the boat feel thankful at being preserved from a watery grave. On another occasion, the day is perfectly calm, and an Officer, engaged perhaps on an urgent case, probably has to row for many miles, until his hands are blistered with pulling.

The inhabitants of Orkney are extremely hospitable and obliging people – provided an Officer does not go with a warrant to arrest, or a summons – and Police Officers can always rely upon a kindly welcome, especially in the Islands or country districts.

We give below a few particulars concerning the members of the Force:-

THE CHIEF CONSTABLE (Mr Colin Cruikshank), joined the Edinburgh City Police in 1887, and by his marked ability drew the early attention of his superiors. He rose through the various grades of Constable, Detective Officer, and Station Superintendent to Sergeant at the Headquarters of the C Div., with great credit to himself and to the Edinburgh Police force. During his connection with Edinburgh he was well-known as Secretary for the City Police Concerts Committee, which position he occupied seven years, and it is mainly due to his efforts that the concerts have reached their present popularity. From being a practically obscure entertainment, he raised them to the front rank of social concerts, and the Committee are now able to hand over an annual surplus of £150 on an average to the City Police Widows’ and Orphans’ Funds. His connection with the Swimming Club also deserves notice, and the prizes he won show that his aquatic powers are of no mean order. He was very popular with the Police, and also with the public of Edinburgh.

In April 1898, Mr Cruikshank was selected from 46 applicants for his present position of the Chief of the Orkney Force. On his leaving them, his Edinburgh comrades subscribed towards a purse and £29, which were presented to him.

Sergeant TULLOCH is a native of Orkney, and joined the force six years ago. There was no Sergeant when the present Chief was appointed, but as Constable Tulloch had charge of the town of Stromness, where there is considerable fishing and shipping industry, the Chief recommended his promotion to Sergeant, which, on the approval of Sheriff Cosens, was sanctioned by the Police Committee.

PC ATKIN, before joining the Force, was Sergeant-Major in the Field Artillery, and although he has seen half a century, he recently volunteered for active service in South Africa. He has three sons in HM Services – viz: one in the Navy, and two in the Artillery – all doing well.

PC WRIGHT was also a Sergeant-Major in the Field Artillery, and but for his rather indifferent health, would have volunteered for service in South Africa.

PC GRANT is the ‘father’ of the Force. He joined the Aberdeenshire Force so far back as 1855, and served in several Forces, till he reached the rank of Superintendent. Leaving the Police, he entered business, but, misfortune overtaking him, he had again to apply his talents to his original vocation. He has frequently been complimented by the Authorities for his services in
the detection of criminals, etc.

PC LOWDEN was an Army Reservist of the 72nd Highlanders, and (as reported in police Review of January 5th last) lost his life at the battle of Magersfontein. It is stated that he ‘was every inch a soldier, and always regretted leaving the army. Nevertheless he faithfully performed his duties as a Constable.’

PC JAMES WALLS has replaced Constable Lowden in the Force. He was at one time a Constable in the Edinburgh City Force, where he earned a good reputation as a Police Officer.

Our portrait is from a photo by the Orkney Photo Co., Kirkwall.

– End of Article -

Dave’s Notes:

a) Shoulder (Collar) Numbers visible in photograph are: #1: PC Grant #2: PC Atkin #3: PC Lowden #4: PC Wright Sgt Tulloch has NO number.

2) It is interesting that Mr Cruikshank is referred to throughout as "Chief Constable" – in fact that rank/title was only applicable to chief officers of County (and Burgh, after 1892) forces subject to the 1857 Act – from which Orkney was specifically excluded.

Question by thesweetestthing: Can anyone tell me about arrest warrants in Wisconsin?
Can anyone tell me about arrest warrants? How are they issued and whatnot? Do they come to your home to arrest you once one is issued? If anyone who knows about this can break it down for me, it would be appreciated. Thanks!

Best answer:

Answer by Star
ARREST WITH WARRANT

An arrest occurs when a suspect is taken into custody for the purpose of booking that suspect on a criminal charge.
Arrest Warrant vs. Search Warrant

A search warrant provides a law enforcement officer with the authority required by law to gain access to a premise, conduct a search, and seize property. An arrest warrant permits a law enforcement officer to make a lawful arrest of a specific person. Arrest warrants and search warrants are only available to law enforcement agents (including the FBI and the DEA), but neither are available to private citizens. And both are issued by a judge.
Arrest Warrant Issuance

An arrest warrant is obtained by a law enforcement agent (typically, by a federal agent, state police, county sheriff, or local police officer) after having appeared before a judge (usually a magistrate) and presenting evidence that substantiates cause for an arrest. The evidence presented to the judge to obtain the warrant may become a legal technicality in a criminal case, but generally speaking, the evidence need only cause a reasonable person to conclude that a crime was committed. The evidence need not prove a crime beyond a reasonable doubt, nor even be clear and convincing. Arrest warrants are very similar to search warrants in this manner; both require evidence that causes a reasonable person to believe that a crime has been committed.

Knock & Announce & Don’t Destroy

An officer with an arrest warrant is required by law to knock and announce his presence before entering the premise of another even if the officer positively identifies, absolutely knows, or has a reasonable belief that the suspect is within the premise. That’s the law. And it is possible that the procedures employed to obtain a warrant or to exercise a warrant will become a legal question in a case based on many technicalities, so these are just general guidelines.

Now, generally speaking, here are some of the exceptions to the rule. The amount of time between “knocking and announcing” and “entering and arresting” can be slight. The officer need not knock or announce if he has a reasonable belief that by doing so, he may place himself or others into a dangerous situation, evidence may be moved or destroyed, or even if he believes that some other event might occur that would hinder the arrest. Under Wisconsin law, the “knock and announce” rule has been challenged many times.

An officer should not destroy property unnecessarily during an arrest, but he may “break in” thus destroying windows and doors to gain access.
WARRANT FOR FAILURE TO APPEAR (BENCH WARRANT)

If a person (or sometimes a witness) fails to appear in court as directed by the citation or summons served on them, the court may issue a bench warrant for the person’s arrest. The “bench warrant” is sent to the local, state, or national authorities, as the case may require. A “bench warrant” effectively tells the authorities to bring the person named in the warrant to the courtroom of the judge issuing the warrant.

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