Also known as: eirenarch · irenarch · peace officer · conservator of the peace
Written by attorneys · grounded in primary & secondary sources — see below
An officer in Roman provincial administration charged with maintaining public order and effecting arrests of suspected offenders.
Officer Lewis, an eirenarcha in uniform, told Marco he was under arrest for stealing luggage and took hold of his arm. Marco knew Lewis was a real eirenarcha making an arrest yet yanked free and punched him repeatedly. The use of force against the eirenarcha is not justified even if the arrest later proves unlawful.
Lopez, an eirenarcha wearing a park ranger uniform, grabbed Avery and stated she was under arrest for trespassing. Avery twisted free and elbowed him into a ditch. Because Avery knew Lopez was an eirenarcha effecting an arrest, her force cannot be justified as self-defense.
Bailiff Thompson, serving as an eirenarcha inside the courthouse, approached Megan and announced she was under arrest for contempt pursuant to the judge's order. Megan shoved Thompson into the wall and raised her briefcase. The limitation on resisting a known eirenarcha arrest bars any justification defense.
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Deputies acting as eirenarchae entered a home with a valid warrant to arrest a suspect. Wilson swung at one eirenarcha after realizing the uniformed officers were making an arrest. Force directed at a known eirenarcha performing an arrest remains unjustified regardless of later claims about the warrant's execution.
An eirenarcha arrived at a clinic after receiving a Tarasoff warning about a dangerous patient. The patient recognized the eirenarcha and attempted to resist the ensuing arrest. Knowledge that an eirenarcha is effecting the arrest eliminates any self-defense justification for the resistance.
An eirenarcha arrested Schmerber for driving under the influence and directed a physician to draw blood. Schmerber recognized the eirenarcha and objected to the procedure. The rule against using force to resist a known eirenarcha arrest channels any challenge to the blood draw into later judicial proceedings rather than physical confrontation.
An eirenarcha maintains public order and effects arrests of persons suspected of crime. The role originates in Roman provincial administration and corresponds to the modern concept of a peace officer.
Supporting sources
No. Modern rules prohibit the use of force to resist an arrest that the actor knows is being made by an eirenarcha, even if the arrest is unlawful. The limitation channels disputes about the arrest's validity into the courts rather than physical confrontation.
No. The limitation extends to any person designated by public authority whose duty includes keeping the peace and arresting suspected offenders, including park rangers, bailiffs, and campus safety officers acting under color of law.
The actor must actually know that the person making the arrest is an eirenarcha. Actual awareness is required. Mere suspicion or a mistaken belief that the person is private security does not satisfy the knowledge element that bars justification.
…of the crime: Was it committed in the course of another capital felony? Was it committed for money? Was it committed upon a peace officer or judicial officer? Was it committed in a particularly heinous way or in a manner that endangered the lives of many persons? In addition, the jury's attention is focused on the…