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Thread: citizens arrest

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    ESU
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    citizens arrest

    How can you place someone under citzens arrest?

  2. #2
    Darin's Avatar
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    Darin!!!
    LOL. That is exactly what went through my mind. In fact I sat here saying "citizens arrest...citizens arrest" in that Gomer voice. Too funny! :D

  4. #4
    Scruit is offline Veteran Member Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute Scruit has a reputation beyond repute
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    With great care...

    You don't have the same protections against civil suits that an LEO is typically afforded. If an officer arrests the wrong person than he's not gonna get sued if he can show the arrest was reasonable. If a citizen physcially detains someone and the turn out to be innocent then you could be in big trouble civilly.

    You can physically detain someone until the police arrive if you see them commit a crime with your own eyes. If it's for a misdemeanour that occured outof the sight of the LEO then he/she may require you do make a formal citizens arrest before he can proceed. And you will probably be required to testify in court unless they plead guilty.

    There's also the phyicial danger. Citizens normally don't have the training required to safely contact/detain a subject, nor do most have defensive training/weapons required to control a subject who resists. Communication is important also - if you have acidentally picked on an innocent person then they may not realise you are trying to make a citizens arrest and may defend themselves physically (and would not be judged harshly for doing so).

    Best advice if nobody is about to be injured then gather as much info as safely possible for the police to follow up on. I know a guy who followed a hit-and-run suspect from a distance and directed police to his location - that was great, and as much as he should have done (some may say following him beyond getting a license plate was too far - I guess it depends on the specific cirkumstance and how well you can secretly tail someone ;) ) Trying to do a traffic stop one the hit-and-run driver would have been the wrong thing for the citizen to do - especially in a CCW state!

    I know I personally won't put my neck on the line to physically confront a potentially armed criminal escaping with property. If a criminal is about to hurt someone then that is different.

    Just be damn sure you're doing the right thing and summon the police immediately.

  5. #5
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    Originally posted by Scruit
    With great care...


    You can physically detain someone until the police arrive if you see them commit a crime with your own eyes. If it's for a misdemeanour that occured outof the sight of the LEO then he/she may require you do make a formal citizens arrest before he can proceed. And you will probably be required to testify in court unless they plead guilty.

    Careful......Laws vary from state to state. In Texas, a peace officer or any other person may arrest for a crime committed in his presence or view if the offense is a felony or a breach of the peace. There is case law for the "breach of peace" clause. A citizen can also arrest to "prevent the consequences of theft".
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    Agreed, TX. You really have to know your local law if you're gonna do this.

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    Be a really great witness if at all possible. Too many possible bad scenarios trying to "arrest" someone. Call 911, get a tag # and description. Citizens arrest should be a LAST resort. Let those of us who are paid take the risks and potential injuries.
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    Oregon requires that a person who makes a citizen's arrest take the arrested person immediately to a magistrate. Nobody would know this or how to do it. There may not even be a system in place for it.

    I think the best bet is to be the witness. But if you are going to get involved and detain, I would continue to be a witness and not an arresting person. Tell your story to the officer who has been trained to determine if probable cause exists to make an arrest. He will then document your statements and either transport the person to jail or cite him. You then could simply receive a subpoena to testify in court.

    You will get the same result without the hassle.
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  9. #9
    zander_zye Guest
    OK - this is for California Officers

    According to the law, an officer has to take custody of someone presented to him via a citizen's arrest. If they fail to do so under I believe 152PC, they can be permanently removed from office and fined $10,000.

    However
    If the officer takes a person into custody via a citizens arrest knowing that the citizens arrest is unlawful, (for instance, something that is not a crime) then the officer can be civilly liable.

    OK - this is what I learned in the academy but could never figure out the paradox - it sounds like you can't win either way. Any explanations or did I miss something?

    ZZ

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    In Mich you have to witness a felony. If you are wrong your butt can be in a sling in civil court.
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  11. #11
    icehockeygal is offline Junior Member icehockeygal
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    I AM NEW AT THIS, HOW DO I ASK A QUESTON ABOUT B@E'S

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    icehockeygal is offline Junior Member icehockeygal
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    WHEN THE POLICE ENTER THE HOUSE, DO THEIR THING, WHEN SPEAKING WITH THE VICTIM, WHAT TYPE OF QUESTIONS ARE THEY TO ASK AND SHOULD THEY DO A FOLLOW UP?

  13. #13
    spyman is offline Senior Member spyman
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    Originally posted by zander_zye
    OK - this is for California Officers

    According to the law, an officer has to take custody of someone presented to him via a citizen's arrest. If they fail to do so under I believe 152PC, they can be permanently removed from office and fined $10,000.

    However
    If the officer takes a person into custody via a citizens arrest knowing that the citizens arrest is unlawful, (for instance, something that is not a crime) then the officer can be civilly liable.

    OK - this is what I learned in the academy but could never figure out the paradox - it sounds like you can't win either way. Any explanations or did I miss something?

    ZZ
    it's section 142, and section 837 PC, private person arrests doesn't apply.

    142. (a) Any peace officer who has the authority to receive or
    arrest a person charged with a criminal offense and willfully refuses
    to receive or arrest that person shall be punished by a fine not
    exceeding ten thousand dollars ($10,000), or by imprisonment in the
    state prison, or in a county jail not exceeding one year, or by both
    that fine and imprisonment.
    (b) Notwithstanding subdivision (a), the sheriff may determine
    whether any jail, institution, or facility under his or her direction
    shall be designated as a reception, holding, or confinement
    facility, or shall be used for several of those purposes, and may
    designate the class of prisoners for which any facility shall be
    used.
    (c) This section shall not apply to arrests made pursuant to
    Section 837.
    Spy

  14. #14
    spyman is offline Senior Member spyman
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    Zander,

    In the opinion of the Attorney General, the following question was presented: "Must a California peace officer accept custody of a person who has been placed under citizen's arrest for a crime when requested to do so by the person who made the arrest if the officer is satisfied that there is insufficient grounds for making a criminal complaint against the person arrested?" The attorney general's unqualified answer, under the heading "CONCLUSION," is yes: "A California peace officer must accept custody of a person who has been placed under citizen's arrest for a crime when requested to do so by the person who made the arrest even though the officer is satisfied that there is insufficient grounds for making a criminal complaint against the person arrested but the officer may then release the person from custody pursuant to Penal Code section 849, subdivision (b)(1)." (73 Ops. Cal. Atty. Gen. 291 (1990).) As the attorney general explained, "the manifest purpose of the Legislature in imposing this duty was to minimize the potential for violence when a private person restrains another by a citizen's arrest by requiring that a peace officer (who is better equipped by training and experience) accept custody of the person arrested from the person who made the arrest."
    Spy

  15. #15
    zander_zye Guest
    Thanks Spyman! Great clarification of a confusing law

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