---
kind: "section"
citation: "32 C.F.R. § 935.122"
title: "32"
number: "935.122"
heading: "Arrests."
url: "https://uscodex.org/cfr/32/935.122"
---

# §935.122. Arrests.

- (a) Any person may make an arrest on Wake Island, without a warrant, for any crime (including a petty offense) that is committed in his presence.
- (b) Any peace officer may, without a warrant, arrest any person on Wake Island who violates any provision of this part or commits a crime that is not a violation of this part, in his presence, or that he reasonably believes that person to have committed.
- (c) In making an arrest, a peace officer must display a warrant, if he has one, or otherwise clearly advise the person arrested of the violation alleged, and thereafter require him to submit and be taken before the appropriate official on Wake Island.
- (d) In making an arrest, a peace officer may use only the degree of force needed to effect submission, and may remove any weapon in the possession of the person arrested.
- (e) A peace officer may, whenever necessary to enter any building, vehicle, or aircraft to execute a warrant of arrest, force an entry after verbal warning.
- (f) A peace officer may force an entry into any building, vehicle, or aircraft whenever—
  - (1) It appears necessary to prevent serious injury to persons or damage to property and time does not permit the obtaining of a warrant;
  - (2) To effect an arrest when in hot pursuit; or
  - (3) To prevent the commission of a crime which he reasonably believes is being committed or is about to be committed.

## Notes

### Authority

Authority: Sec. 48, Pub. L. 86-624, 74 Stat. 424; E.O. 11048, Sept. 1, 1962, 27 FR 8851, 3 CFR, 1959-1963 Comp., p. 632; agreement between the Department of Interior and Department of the Air Force, dated 19 June 1972, 37 FR 12255; and Secretary of the Air Force Order 111.1, dated 26 April 1999.

### Source

Source: 67 FR 16999, Apr. 9, 2002, unless otherwise noted.