citizen arrest

[roadrunner5877]

Good morning all,
I try to tell this the best I can. I was sitting in my work truck(pu truck) writting up some log sheets when a women came up to me and told me to shut off my engine because this city has a ordinance on running a engine while parked for more than 3 mn in a 60 mn time frame to help reduce green house gasses. I told her I knew about it and it was the dumbest thing I heard and I will run my engine to keep me confortable also I have a MDT computer and two way radios too. I then told her to go away and leave me alone. she then told me I am going to place you under citizen arrest and she told me I cant leave. she was writing my plate number down and calling 911 as I dove down the stret a block and pulled over to finsh my report . My qustion is am I allowed to leave if I dont want to be under Citizen and also I always thought you can only place someone under citizen arrest if it was something realy bad. I also ask a cop about this ordinance and he told me he heard about it too but never knew about any of the cops he knows that taged someone for it

[Roger Dat]

Depends on the jurisdiction. If she was calling the cops you probably should have just stayed and dealt with it when they came. If you know something is against the law, and your confronted as to that law and ADMIT you are violating that law then accept the consequences.

[DeltaV]

I also ask a cop about this ordinance and he told me he heard about it too but never knew about any of the cops he knows that taged someone for it

While I agree with this, if a citizen called to report an offense and I witnessed the offense occurring, I'd probably issue a citation. This is especially true if the violator knew that what they're doing is illegal and the conduct was bothering someone else. This is pretty much how I deal with most parking violations. I don't pay much attention to them unless the citizens call and complain.

Here you could not make a citizen's arrest for an ordinance violation. If the citizen attempted to block your exit by placing you under "citizen's arrest" so you could not leave, they could be charged with a crime as well. In addition to that, you could sue them civilly for violating your rights by detaining you unlawfully.

As to whether or not you can leave...that's up to you. If a citizen makes an unlawful arrest then you're allowed to resist the arrest (leaving is a form of resisting, as is physically resisting). That said, if the arrest turns out to be LAWFUL and you resist, you will be charged with additional offenses. My advice would be to cooperate and wait for the police. After the police arrive, then they can determine whether or not the "arrest" was lawful.

[txinvestigator1]

Good morning all,
My qustion is am I allowed to leave if I dont want to be under Citizen and also I always thought you can only place someone under citizen arrest if it was something realy bad.

We need the state in which this happened.

In Texas any person can arrest for a Felony or breach of the public that occurred in the persons presence or view.

What you did was neither.

And here, there is no obligation for a person to remain even if another has the authority under that law to make an arrest. The arresting person CAN use reasonable force to effect that arrest; but that is beyond the scope of this discussoin.

[retdetsgt]

We need the state in which this happened.

In Texas any person can arrest for a Felony or breach of the public that occurred in the persons presence or view.

What you did was neither.

And here, there is no obligation for a person to remain even if another has the authority under that law to make an arrest. The arresting person CAN use reasonable force to effect that arrest; but that is beyond the scope of this discussoin.

That's pretty much the same way in Oregon too. I would have driven away too, sounds like she was nuts......

[mcsap]

Did you ask to see her handcuffs ?

In my nealy 23 years , I have never seen or even heard of someone in my area making a Citizen's arrest. If someone wants to call us to report ______________________ , thats fine but I do NOT recommend that anyone go and try to make a citizen's ARREST.

Short of someone attacking you or something like that.

[roadrunner5877]

This happen in Minneapolis,MN this ordinance was passed back in july when gas prices were high and it was hot outside. now that the temps were 25 below zero I need to keep warm also funnything is that all city owned cars do not have to obey this ordinance. I did make her a little bit mad by teller Im trying to pump more green house gases into the air to break us from this cold snap

[InTheEnd]

Engine idling in NYC is a violation. I would have given you a warning if you remained on scene. I don't believe it rises to a crime where you can be detained under citizens arrest in nyc. As long as your not blocking a hydrant or anything you'd be ok.

[phantasm]

In NYC the most common citizen's arrest that we encounter is shoplifting, and then criminal trespass (being in a semi-private restricted area w/o permission, but without intent of committing another crime). If there's intent to commit another crime, then it becomes a burglary.

If I showed up on the above situation, I'd handle it most likely the same way as intheend, with a warning.

[Piggy]

Sounds like Cindy Sheehan has a part time job.

[Creeker]

If you people in Minn. weren't pretty much politically goofy to start with, this wouldn't be an issue. :rolleyes:

Tell her to go put a lid on a volcano and leave you alone.:cool:

[retdetsgt]

In NYC the most common citizen's arrest that we encounter is shoplifting, and then criminal trespass (being in a semi-private restricted area w/o permission, but without intent of committing another crime). If there's intent to commit another crime, then it becomes a burglary.

Same here. Security holding shoplifters is always a citizen's arrest. We have them sign the custody report, same with no pays on cabs, resturants, gas stations, etc. Those kind of citizen arrests are pretty common.

Oregon has a provision for people to issue a traffic citation when they witness something like reckless driving. Recently a lawyer wrote a citizen's parking ticket on a uniform patrol car that was parked in a no parking zone while the officer was in eating a meal.... Frankly, I never encountered anyone wanting to do a citizen's traffic pinch so I never worried about it.

[scott715us]

In TN, citizens have the right to effect a citizen's arrest when a misdemeanor (or felony) is committed in their presence or when there is probable cause that a felony occurred. They are also allowed to use the amount of force necessary to effect the arrest. Does it happen often? He** no. Too much liability at stake for the person should they be wrong. They are obviously not covered like LEOs are. I would also assume that the most common citizen arrests in TN are the LP/Security guys and shoplifting. Probably behind that is trespassing.

In the circumstances given, if it was in fact a violation of law, the lady could go downtown and possibly swear out a summons (not an arrest warrant) based on the evidence she obtained at the scene (and the judge's belief of her story). Normally in this sort of situation, the Commissioner (or judge depending on time of day) would just issue a summons where the persons involved would both get a subpoena in the mail. It would be her word against the violator's. I assume the worst punishment for a violation like that would be a fine.

[Trollx561]

I would of left to.