[Diggler]

You can call them what you want but under US law they are nothing more than accused or suspect. They only become "illegal" after adjudication, if convicted.

So a bank robber, WHILE IN COMMISSION OF THE ACT, is not considered to be acting illegally until he is arrested, tried and convicted?

[tobyhill]

If you catch him in the act that would be a good assessment but legally he's still only a suspect or accused until adjudication or in some cases judiciary review if the accused is dead.