[1] Peace Officers—Arrest Without Warrant—False Imprisonment.—Where a rooming-honse ordinance makes it a misdemeanor for any person to resort to a rooming-house, lodging-house, hotel, or other place for the purpose of having therein sexual intercourse with a person t'o whom he or she is not married, no authority resides in a police officer to make the arrest of any such person without a warrant, unless all of the aets essential to make out the crime are committed in the actual presence and view of such officer. The arrest of a person upon suspicion, or upon information of others, that a misdemeanor has been committed is wholly unauthorized and the arrest in such a case, being without process, makes the person who accomplishes the same guilty of false imprisonment, which is either a high-grade misdemeanor or a felony, depending upon the use or nonuse of violence in effecting the arrest'.

[2] Police Power—Violation of Booming-house Ordinance—Quarantine Regulations.—The health department of a city enacting such a rooming-house ordinance may not assume, without any' previous knowledge, information, or report as to the individual concerned, that every person arrested by officers and booked at the city jail as having violated such ordinance is reasonably likely to be afflicted with a quarantinable disease, and by a general instruction cause all such persons to be held without bail and under pretended quarantine pending investigation as to their condition.

[3] Id.—Reasonable Cause for Quarantine—Duties of Health Authorities.—Where a sufficient reasonable cause exists t'o believe that a person is afflicted with a quarantinable disease, "the health authorities have the right to examine into the case and, in a proper way, determine the fact, but' such preliminary investigation must be made without delay, and if quarantining is found to be justifiable, only such quarantine measures may be resorted to as are reasonably necessary to protect the public health, remembering that the persons so affected are to be treated as patients and not as criminals.

1. Arrest without warrant by peace officer for misdemeanor committed in his presence, note, 9 Ann. Cas. 623.

3. Compulsory examination for venereal disease, note, 2 A. L. R. 1332.

Right of one detained pursuant to quarantine to habeas corpus, note, 2 A. L. R. 1542.