Citizens Arrest!! Citizens Arrest!!

This is a discussion on Citizens Arrest!! Citizens Arrest!! within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; So your minding your own business and you see a scumbag snatch an old ladies purse. You catch the guy and say "This is a ...

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Thread: Citizens Arrest!! Citizens Arrest!!

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    Ex Member Array HollowpointHank's Avatar
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    Citizens Arrest!! Citizens Arrest!!

    So your minding your own business and you see a scumbag snatch an old ladies purse. You catch the guy and say "This is a citizens arrest." The guy laughs and breaks free. Are you allowed to draw your weapon and command he stop? (Thats what police do when they make an arrest.) Of course if the guy runs you have to run after him and cannot fire. (Thats a given) But will you get in trouble if after informing him you are making a citizens arrest, you draw you gun to hold him with?

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    VIP Member Array Dal1Celt's Avatar
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    There is no "Citizens Arrest" here in NC.
    "Without fear there can be no Courage!"

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    VIP Member Array wmhawth's Avatar
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    It's a foolish notion from the start. The purse is gone and the old lady is not in danger and you are not threatened in any way. Your concealed carry permit does not make you a policeman. Memorize a description of the perp, call 911, offer comfort for the old lady, and serve as a witness when the police arrive.

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    Member Array NCRonB's Avatar
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    Quote Originally Posted by Dal1Celt View Post
    There is no "Citizens Arrest" here in NC.
    This is true. However, you may detain another person in a "reasonable manner considering the offense involved and the circumstances of the detention" if you have probable cause to believe that the person detained has committed in your presence, a felony, a breach of the peace, a crime involving physical injury to another person, or a crime involving theft or destruction of property.

    Given this scenario, you could legally detain the BG until an LEO arrives, but I don't think drawing your gun passes the "reasonable manner" test.

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    VIP Member Array Eagleks's Avatar
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    Youi can make a 'citizen's arrest ' here. Here , you could use the level of force necessary to detain him "IF " it's a felony. Snatching a purse would not likely be a felony.

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    Senior Member Array Landric's Avatar
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    Quote Originally Posted by NCRonB View Post
    This is true. However, you may detain another person in a "reasonable manner considering the offense involved and the circumstances of the detention" if you have probable cause to believe that the person detained has committed in your presence, a felony, a breach of the peace, a crime involving physical injury to another person, or a crime involving theft or destruction of property.

    Given this scenario, you could legally detain the BG until an LEO arrives, but I don't think drawing your gun passes the "reasonable manner" test.
    All the above is true. Whether drawing ones weapon in such a circumstance all depends on the totality of the circumstances. It might be justifiable, it might not. All in all, I wouldn't suggest chasing purse snatchers either way. I would on-duty because its my job, but off-duty, even in my jurisdiction, I don't see it being something I would get involved in.

    Quote Originally Posted by Eagleks View Post
    Youi can make a 'citizen's arrest ' here. Here , you could use the level of force necessary to detain him "IF " it's a felony. Snatching a purse would not likely be a felony.
    Actually, there is a good chance it is a felony. In North Carolina snatching a purse from a person would likely either be Common Law Robbery (aka stong arm robbery) or Larceny from a Person, either of which is a felony. The same is true in Virginia (except that in VA the value of the property has to be at least $5 for larceny from a person to be a felony). The only state in the union that doesn't base its law on English Common Law is LA, so in Kansas there is at least a pretty good chance the laws are similar to NC and/or VA. However, I've never been a LEO in Kansas, so if one plans to make citizens arrests in one's state, one should become familiar with what violations are felonies. I, of course, wouldn't suggest trying to arrest anyone.
    -Landric

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    Member Array DiggerNMt's Avatar
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    As far as Citizen Arrest goes, You can detain the BG in a manner that does not escalate to a force that will harm you or the BG. As crappy as this is the law will even bring charges against you, even though you are trying to be a good citizen. This is more true if you draw your firearm. Now it might be different if you use deadly force in the preservation of someones life. But I would not recommend drawing your firearm.

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    Senior Member Array highoctane's Avatar
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    Im not arresting nobody.....

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    "This is a citizens arrest." The guy laughs and breaks free. Are you allowed to draw your weapon and command he stop?
    The answer is crystal clear, if you think about it.

    Is your life or the life of an innocent bystander in danger from this fleeing purse snatcher?

    Like I said, think about it...


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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    VIP Member Array paramedic70002's Avatar
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    Quote Originally Posted by HollowpointHank View Post
    So your minding your own business and you see a scumbag snatch an old ladies purse. You catch the guy and say "This is a citizens arrest." The guy laughs and breaks free. Are you allowed to draw your weapon and command he stop? (Thats what police do when they make an arrest.) Of course if the guy runs you have to run after him and cannot fire. (Thats a given) But will you get in trouble if after informing him you are making a citizens arrest, you draw you gun to hold him with?
    1. I'm not saying anything like that, because a citizen's arrest can get you into hot water. No need to plant the seed.

    2. That's not necessarily what the cops do, it is an option based on perceived threat. A gun is NOT a tool used to make an arrest. I actually like the British method: "Stop, or I'll blow my whistle really really loudly!"
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Member Array Freakdaddy's Avatar
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    Quote Originally Posted by Dal1Celt View Post
    There is no "Citizens Arrest" here in NC.

  13. #12
    Distinguished Member Array PastorPack's Avatar
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    Next stop, concealed Whistle permits.
    God is love (1 John 4:8)

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by HollowpointHank View Post
    So your minding your own business and you see a scumbag snatch an old ladies purse. You catch the guy and say "This is a citizens arrest." The guy laughs and breaks free. Are you allowed to draw your weapon and command he stop? (Thats what police do when they make an arrest.) Of course if the guy runs you have to run after him and cannot fire. (Thats a given) But will you get in trouble if after informing him you are making a citizens arrest, you draw you gun to hold him with?
    I'd encourage you to stop watching T.J. Hooker re-runs and maybe take a criminal law class.

    Are you allowed to draw your weapon and command he stop? (Thats what police do when they make an arrest.)
    There's a lot more to it than that.

    I personally think it's foolish to attempt to make a Citizen's Arrest in most cases. Think about this, the LEO making an arrest has statutory authority to do so. The citizen doesn't. The LEO also has the financial backing of his or her agency and policies to follow. All the citizen has is his or her good intentions and winning smile. Are you willing to risk your financial future on that, not to mention possible criminal prosecution?

    Biker
    Last edited by Captain Crunch; June 26th, 2009 at 12:55 PM. Reason: Fixed quote tags

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    Quote Originally Posted by highoctane View Post
    Im not arresting nobody.....
    My old 9th grade English teacher would eat you alive for this.
    Mark Twain:
    The government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a
    patriot and who isn't. Its function is to obey orders, not originate them.

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    Quote Originally Posted by atctimmy View Post
    My old 9th grade English teacher would eat you alive for this.
    Couldn't you make a 'citizen's arrest' for that?
    -----------------------------------------------------------------

    To the OP...
    I'm only calling 911 and giving assistance to the elderly lady. Let the cops handle the purse snatcher...it's not a crime for a citizen to become involved with...
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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