Citizen's Arrest

[VeloceMoto]

I hear this word from time to time and was hoping someone could shed some light on the subject.

What is it? Who can invoke it? Under what situations?

I don't think it is what it intuitively seems to be.

[deaconblues]

From Knowledge Base of Legal Concepts (http://oldweb.uwp.edu/academic/criminal.justice/citarr.htm)
A citizen's arrest is a formal arrest by a citizen [that] has no official government authority to make such an arrest as an agent of the government. The California Penal Code gives any citizen the right to make a citizen's arrest of another citizen in three alternative situations:

1) A public offense was committed or attempted in the citizen's presence.

2) The person arrested has committed a felony, although not in the citizen's presence.

3) A felony has been in fact committed and the citizen has reasonable cause for believing the person arrested has committed it.

Why do we need a statute like this? Why do we need a "citizen's arrest"? Well, as the crime rate goes up, it becomes more and more important that good citizens come to the aid of one another in distress. Without such a statute, only government agents, such as police, would have the authority to stop a felon in progress. By creating the "citizen's arrest" statute we give ordinary citizens the authority to hold another citizen without fear of being sued for false imprisonment. Without the statute, the citizen who interfered in criminal activity would risk such a lawsuit.

Even with such a statute, the citizen still risks being sued if he/she is wrong on his assessment of the situation. Notice that the statute requires that the "public offense" be in the citizen's presence, or that the person arrested have committed a "felony," that is, a crime punishable by one year or more in state prison. Do you know which crimes are punishable by one or more years in state prison? Can you be absolutely sure the person you are arresting is the one who committed the offense? What if there were three people involved? Can you be sure which one is the one you should arrest? At the very least, a defense lawyer is going to argue that the requirements for citizen's arrest were not met and that the arrest, and any consequent seizure of contraband, were illegal.

[silversvs]

Don't forget the fact that an officer cannot make an arrest for a misdemeanor not committed in his/her presence (with a few exceptions).

So, say Mr. Smith saw Mr. Jones steal $350 off his front porch and then called the cops. When the cops get there Mr. Smith tells the officer what happened. The officer cannot make an arrest because he did not see the crime committed. Mr. Smith can make a citizens arrest (now called private persons arrest). Mr. Jones would then be subject to arrest based on Mr. Smith's statement. Mr Jones would have the opportunity to state his side of the matter. And of course once Mr Jones is arrested he can be searched incident to the arrest and the $350 could be recovered. If Mr. Smith does not want to make a private persons arrest, there is nothing the officer can do.

[VeloceMoto]

Interesting.

So, if I see someone beating up an old lady I can arrest them?

What about Miranda?

What if I'm the victim of a felony crime? (ie. hit and run accident, vandalism, robbery, etc.).

[Dragon]

Originally posted by VeloceMoto
Interesting.

So, if I see someone beating up an old lady I can arrest them?

What about Miranda?

What if I'm the victim of a felony crime? (ie. hit and run accident, vandalism, robbery, etc.).


So if you see someone beating up and old lady- yes you could.


In general- Miranda would not apply to a private citizen (with some exceptions)

Same goes for a felony- yes you could.

Let me make one suggestion before you try to make an arrest... call 911 first ;)

[silversvs]

If I am off-duty I aint getting involved in anything unless somebody's life is endangered. If I see some shithead stealing a car stereo I am going to be the best witness ever as I call in the on-duty cops to nab the guy. That is my suggestion to all citizens, be a great witness, don't try to be a hero. A property crime is just a property crime. It sucks to be the victim, but its only a monetary loss. I'd hate to see someguy get shot trying to save somebody else's $200 Pioneer stereo.

[Burner]

Just a side question kind of relating to your example:

How much money does something have to be worth before stealing it can be considered felony theft?

[silversvs]

Originally posted by Burner
Just a side question kind of relating to your example:

How much money does something have to be worth before stealing it can be considered felony theft?

Anything over $400 is a felony. $399.99 is a misdemeanor.

[arnoha]

Is theft and property damage separate? For instance...the $200 stereo doesn't cut it, but add in the cost of the broken window, etc., it would push it up. How does that work as far as misdemeanor/felony? How about if you witness a felony, but the DA works a deal that drops it to a misdemeanor? Are you suddenly liable?

[battlehatch]

ok, so what's the specifics on detaining said felon. Can you tackle him and zip tie him? Or do you have to just stand there and hold your finger in his face?

[Roundboy]

I'm making a citizen's arrest (private person arrest) on the following people

1. DaveVentura...you knew that was coming
2. Elskipador
3. Hooli
4. Lizard
5. Eldritch

all of them should spend some time in the pokie (again for some.....!) :later

[jwilds73]

Originally posted by silversvs
Don't forget the fact that an officer cannot make an arrest for a misdemeanor not committed in his/her presence (with a few exceptions).

So, say Mr. Smith saw Mr. Jones steal $350 off his front porch and then called the cops. When the cops get there Mr. Smith tells the officer what happened. The officer cannot make an arrest because he did not see the crime committed. Mr. Smith can make a citizens arrest (now called private persons arrest). Mr. Jones would then be subject to arrest based on Mr. Smith's statement. Mr Jones would have the opportunity to state his side of the matter. And of course once Mr Jones is arrested he can be searched incident to the arrest and the $350 could be recovered. If Mr. Smith does not want to make a private persons arrest, there is nothing the officer can do.

This illustration reminds me of those dumb criminals that call in saying so and so stole my illegal drugs come and arrest him. :laughing Then you got the drugs found in possession of Mr. Jones and Mr. Smith admitting to being the original owner of the said illegal substance.

[chrono-X]

Originally posted by silversvs
Anything over $400 is a felony. $399.99 is a misdemeanor.

$399.99 before or after tax?