49. The only case since Semayne’s Case I have found in favour of the view that a policeman may without consent or a warrant enter into a dwelling and arrest a person there solely on the basis that he reasonably believes the person has committed an offence is Davis v. Russell (1829), 5 Bing. 355, 130 E.R. 1098. There the plaintiff sued a constable for false imprisonment. The constable had entered the plaintiff's lodgings and taken her out of bed at night to prison. He had no warrant but was acting on the information given by an informant to the effect that the plaintiff had robbed the informant. Though the principal question appears to have been whether the constable had reasonable cause, Best C.J., who gave the major judgment, certainly made it clear (5 Bing. 365, 130 E.R. 1102) that, "We cannot uphold the notion that a constable is not permitted to go into a house at night to apprehend a person suspected."
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