A primer on Citizens Arrest

This is a discussion on A primer on Citizens Arrest within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I'm not interested in arresting anyone...but I will defend myself...in that case the 'proposed arrest' you speak of, may be something of a more permanent ...

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Thread: A primer on Citizens Arrest

  1. #16
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    I'm not interested in arresting anyone...but I will defend myself...in that case the 'proposed arrest' you speak of, may be something of a more permanent nature.
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  3. #17
    Senior Member Array BlackPR's Avatar
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    Colorado Law:


    16-3-201. Arrest by a private person.

    A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
    If your state doesn't have a citizens arrest law, look for a "Common Law" statement, such as this in Colorado's revised statutes:


    2-4-211. Common law of England.


    The common law of England so far as the same is applicable and of a general nature, and all acts and statutes of the British parliament, made in aid of or to supply the defects of the common law prior to the fourth year of James the First, excepting the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth, and which are of a general nature, and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.
    So even if it's not enumerated specifically, it would be covered.
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    Quote Originally Posted by matiki View Post
    The discussion of Florida is a good one. I found this from the Florida AG Office:

    http://www.flhsmv.gov/CASES/Furr.html



    Essentially the court supports citizen's arrest in Florida, the question was, can a Police Officer make a Citizens arrest? Answer: Yes.



    I'd love to have more FL residents add to this thread to help clarify the circumstances attendant to their State.
    I've made a few citizens arrests working as a Licensed security officer in Florida. To arrest for breach of peace in fl there has to be an element of violence. For felonies its best to limit citizens arrest for in one committed in your presence. In florida it is more accepted if you say you detained someone than to say you arrested them .

  5. #19
    VIP Member Array matiki's Avatar
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    BlackPR - thanks for sharing the information on Colorado, it is very helpful to see how different states boil it down.

    Quote Originally Posted by bigdog21 View Post
    I've made a few citizens arrests working as a Licensed security officer in Florida. To arrest for breach of peace in fl there has to be an element of violence. For felonies its best to limit citizens arrest for in one committed in your presence. In florida it is more accepted if you say you detained someone than to say you arrested them .
    Thanks for sharing that, and you make a very good point. When I was a Store Detective, my employer required me to call all of our detentions or arrests: "apprehensions". Even though we were authorized by law to detain and then move (arrest) it was deemed more favorable to describe the circumstances as an apprehension. Despite this fact, we drug every shoplifting or internal theft suspect into the loss prevention office (making the circumstances an arrest).

  6. #20
    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by matiki View Post
    A primer on Citizens Arrest
    Thanks for the info Matiki. Do you have links or specifics on WA State Law regarding Citizens Arrest? That would be much appreciated, not that I plan on playing LEO any time soon or ever as far as that goes but knowledge never hurts
    Abort the Obamanation not the Constitution

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    As a former LEO I intend to stay as far away from making a citizens arrest as much as possible. I do carry concealed and have this plan in mind. In my area the most likely encounter will probably be a robbery and my intention is that as long as the person committing the crime just takes the money, I will not take any action. I will not shoot someone for taking money because I believe many of the business' make themselves targets because of their greed. Our city has a chain of convenience stores that stay open 24/7, many of which do very little business during the very late and early hours, thereby putting their employees in a dangerous situation. These stores are frequently robbery targets. If the perpetrator ('s) become violent and it appears that the situation may become lethal, then I will intervene with as much force as I can muster. I stay out of these situations and locations as much as possible. My carry is primarily for the protection of myself and my family and I am reluctant to expose them to unnecessary danger. I really do not want to shoot another human being, but I can and will if necessary.

  8. #22
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by LongRider View Post
    Thanks for the info Matiki. Do you have links or specifics on WA State Law regarding Citizens Arrest? That would be much appreciated, not that I plan on playing LEO any time soon or ever as far as that goes but knowledge never hurts
    Good point...

    Here's the links to applicable WA State RCW info with applicable summaries below:

    RCW 9A.16.020: Use of force — When lawful.

    Use of force to make an arrest for a felony (it is not necessary for it to be committed in your presence).
    (2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
    Use of force (including arrest if that is the least necessary).
    (3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
    Detention for non-malicious trespassing on private property not open to the public.
    (4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
    RCW 9A.16.080: Action for being detained on mercantile establishment premises for investigation — "Reasonable grounds" as defense.

    Detention of shoplifters for investigation - merchantile establishments and their agents exempt from liability/prosecution.
    Rather than quote a long one just read it yourself if it is applicable to you.

    False arrest is a BIG STICK, don't get hit with it:

    RCW 9A.40.040: Unlawful imprisonment.

    In its entirety:
    (1) A person is guilty of unlawful imprisonment if he knowingly restrains another person.

    (2) Unlawful imprisonment is a class C felony.
    The definition of restrain:

    RCW 9A.40.010: Definitions.

    (1) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him has not acquiesced.
    If you are found to have been criminally negligent in your arrest/use of force:

    Chapter 9A.36 RCW: Assault — physical harm

  9. #23
    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by matiki View Post
    Good point...

    Here's the links to applicable WA State RCW info with applicable summaries below:
    Matiki thank you for taking the time to locate and post those
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

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