Senators and Representatives Can Be Arrested for Criminal Offenses ArtI.S6.C1.1.2 Privilege From Arrest Article I, Section 6, Clause 1: This clause is practically obsolete. It applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted. 1 It does not apply to service of process in either civil 2 or criminal cases. 3 Nor does it apply to arrest in any criminal case. The phrase "treason, felony or breach of the peace" is interpreted to withdraw all criminal offenses from the operation of the privilege. 4 https://constitution.congress.gov/browse/essay/artI_S6_C1_1_2/#essay-3