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Citizen's arrest?

mrc

mrc

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Joined
Apr 22, 2005
Location
Orindish
Moto(s)
'03 SV, '98 Concours
Name
Matt
Howdy friendly BARF LEO's and associated riffraff,

In another thread, someone stated "You could have performed a citizen's arrest..." This got me wondering about the phrase, and whether people run around placing one another under arrest. I've certainly never seen it. But there's plenty I haven't seen.

My minimal web research indicates that civilians are generally advised not to physically restrain others for liability reasons, and this site:

http://ask.yahoo.com/ask/20010220.html

implies that making a complaint, signing it, etc. is what constitutes a citizen's arrest. Elsewhere I read that witnessing a felony "allows" you to detain the "felon," but I suspect this is just a way of saying "you probably won't be prosecuted for assault if you tackle someone who beat someone up."

Have any of you effected a citizen's arrest, or responded to one? Been citizen-arrested? Heard a funny story about one?

For the record, I'm not about to go trying to bust bad drivers or kids eating on BART or anything.

Thanks.
 
The most common times you'll see this are:

Security/Loss Prevention arresting a suspect

or

Witnesses to misdemeanors who call the police to report it. Police officers can't arrest suspects for misdemeanors not committed in their presence (with a few exceptions), so often times they will ask the witness/victim if they would like to file a complaint (press charges/citizen's arrest). It happens in everything from assault/battery to DUI.
 
Thanks - it's a phrase I hear a lot but didn't really grasp. I guess I always had this image of the intrepid citizen nobly arresting Snake from the Simpsons, through sheer force of will, leaving the criminal in awe of the upstanding civilian's commitment to the rule of law. Plus beatdowns.
 
I think we touched on this topic in a couple of threads involving use of force.

Anyhow, Nick is right. You can arrest for a misdemeanor or felony committed in your presence. Generally (except in a few cases allowed by law), a police officer cannot arrest for a misdemeanor unless it is committed in their presence. They can arrest for a felony if they have probable cause to believe one has been committed
by the arrestee... this is an oversimplification of a bunch of constitutional, penal and case law, but it is what it is. The law.

As for the procedure in making the arrest. Well, no, the citizen is not required to run up and slap the cuffs on. It can be as simple as following someone and calling the police and pointing out the suspect and advising you wish to place them under arrest. The cops will take it from there.

In some cases, it may be necessary to initiate a detention. This is something you won't find any agency recommend you do, but sometimes you have to "man up" and take charge, such as in a case of an in-progress person's crime; a rape, a serious battery or any case where someone is in danger of GBI.

So, can you arm yourself? Can you deliver a beat down? Can you use a vehicle or a number of people to deliver force or a threat of force to overwhelm any actual, perceived or potential resistance?

Well, that is all covered in the use of force threads. To sum it up, you need to realize your choice(s) will be judged by others. The ultimate decision as to the reasonableness of your actions will be based upon what you actually knew at the time and if it was something a reasonable person would do in your situation, if they had the same info you had at the time. Also, you need to avoid escalating the situation unnecessarily.

For example, shooting a guy in the back that is standing alone in the street yelling after breaking a window on an unoccupied car with his empty hand... well, without a real or perceived weapon or a threat of continued force on a person, without any verbal commands, you will likely be found to have used excessive force.

He could have been an ax murderer, wanted in 12 states. If he was not a direct threat to you or someone else at that time, you can't escalate to deadly force. If you did not know he was an ax murder at the time, then it cannot be considered in your defense.

The point is, the force you employ (use or threaten to use) must be reasonable for the crime and the threat to others.

Look up the past use of force threads for more info.


So, once you have them detained, either through submission or restraint, you are obligated to notify the police immediately and turn them over to the police without "unnecessary delay." Again, reasonableness is the key. If there is a delay, it had better be necessary. An example would be locking someone in a room, a trunk or cuffing them to a stationary object to allow you to render first aid, find a landline or seek assistance. Remember, when the suspect is in your custody, you have a responsibility to safeguard your prisoner. This means of you cuff them, you have an obligation to protect them from secondary attacks, revenge or others that may wish to lynch them from your custody. If someone injures or kills them, you can be held as culpable as the attacker if you do not take reasonable measures to intervene and offer protection as if you were protecting yourself.

Just know what you are getting into and consider the worst-case scenario. Don't let your emotions get you a regrettable situation. Keep a cool head, try being a good witness and only use the minimum force necessary to assist and only when absolutely necessary.
 
Pwned by the search function. Thanks, guys.
 
I have nailed a few bad guys in my time.

One was a murderer. Turned his ass in the moment I found out what he did through a mutual acquiantence. He killed two innocent people for money, the bastard. I actually fought him back in the days.

2 were DUI's. I followed them and stayed on the phone with cops until they showed up.

Several shoplifters when I worked loss prevention at Longs Drugs 15 years ago...
 
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