Good citizens - Citizen arrest

[ibez]

Anyone here ever did a citizen-arrest ?

If you have , please state if you're/were a LEO

because if you did a citizen-arrest in the Commie-wealth of Massa-chusetts using a weapon, and you are NOT A LEO, theres a 99.9% chance you will lose your License.
Its like they don't want you to be a good neighbor.

If the regular citizen illiminate crime, then that will also illiminate some of the unnecessary LEOs jobs.

Massa-chusetts "may-issue" you a License, but they watch you like a prey waiting for you to give them a reason to revoke.


.

[DefensiveCarry.com]

[cphilip]

I saw Goober and Floyd do it once...

[chiboxer]

In my 10+ years as a LEO I have made exactly one off-duty arrest. Generally speaking apprehending someone prior to the arrival of the police is a bad idea. You don't have a radio, probably no handcuffs, and tenuous (at best) legal authority to effect an arrest of another citizen. I would avoid it, if I were you.

[Janq]

Largely citizens arrest is in the modern day world of crime & punishment, in America, a non functional position.
It's a hold over from the more quaint times of memory when Andy Griffith amongst others prior could enforce law without a gun and Otis the town drunk would comply without trying nothing more than o talk you out of a piece of Aunt Mae's pie.

In todays real world real regular cops in cop cars with cop clothing and cop badges have a difficult enough time arresting people.
What makes one think a criminal would submit to the requests muchless demands of Joe Blow citizen?
The concept in practice is laughable and more importantly dangerous for modern man.

BTW the English support as much which is further indication that the idea id for the birds;

How to report a crime or make a citizen’s arrest

This page was created by the BBC.

* Updated: 04 Jul 2007
* Created 03 Feb 2004

...

4. Can I make a citizen’s arrest?

Arrests can be made by people other than the police but should be approached with caution. Making an arrest is potentially dangerous, and the police do not actively encourage people to make citizen’s arrests.

You can make an arrest if:

* You see someone committing an ‘indictable offence’
* You are certain that someone has already committed an ‘indictable offence’

For the arrest to be completed you need to inform the person that they are under arrest and 'restrain' them – you don’t have to physically hold or restrain them but they must be 'under your control'. If you tell someone that they are under arrest and they run away then the arrest has not been completed.

As soon as you have made an arrest you must alert the police. Then you must either hand the arrested person over to a policeman in the street, or take them to a police station as soon as possible.

Indictable offence
To make a citizen's arrest the crime must be an ‘indictable offence’, i.e. a serious offence which could be tried in a crown court. Another way to think of indictable offences is as crimes that can result in long prison sentences.

Examples of indictable offences are theft, burglary and criminal damage. So, drink-driving would not qualify as it is an offence which would be tried in a magistrates court and only result in a maximum sentence of six months.

If you arrest a person who is later judged by the police or the courts not to have committed a ‘serious offence’ then your arrest may be unlawful.

Safety and reasonable force
Legally citizen’s arrests are a tricky area and the circumstances of the arrest can be examined in detail if the case goes to court.

The right to make a citizen’s arrest comes under section 3(1) of the Criminal Law Act 1967 which says:

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

If you have made an arrest using ‘reasonable force’ but the arrest is later judged to be unlawful, then in theory criminal charges can be brought against you for any physical injury caused. With this in mind you should attempt to avoid causing any injury to the person you are arresting.

As with any police officer, if you seriously injure the person being arrested, then that person can bring criminal charges against you regardless of the outcome of the arrest.

There is more legal information concerning citizen’s arrests on a website set up by a final-year law student.

However, the most important thing to consider when deciding whether to make a citizen’s arrest is your own safety. If you are in any doubt then you should not put yourself at risk.

Source - http://www.bbc.co.uk/dna/actionnetwork/A2258462

- Janq

[Supertac45]

I think it's an excellent way to get killed, or if you don't, you will probably be sued and loose in court. A very delicate right in this area is possibly being violated. How do you plan on keeping them from leaving if they choose to leave?

[HotGuns]

British law means nothing here in the U.S.

People can and do get arrested by citizens. It doesnt happen alot, but it does happen. I will admit that it probably happens in rural communities more so than big citys where the main effort would be the prosecution of the one that made the arrest rather than the perp that did it.

[Thumper]

I agree with Janq, I don't believe a "Citizen's Arrest" is necessary in today's time. I would prefer to call 911 and say I was "detaining" a subject until the Police arrive.

[HotGuns]

Yall must Ive in big city's. There have been numerous incidents around here of homeowners "arresting" burglars at gunpoint and holding them till the law got there or even citizens "arresting" others in the commission of a felony.

Sure its dangerous. In some cases though,its the only way some of the bad guys ever see the inside of a courthouse.

I guess it just depends on the local political climate.

[friesepferd]

I agree with Janq, I don't believe a "Citizen's Arrest" is necessary in today's time. I would prefer to call 911 and say I was "detaining" a subject until the Police arrive.

++1

[kazzaerexys]

I agree with Janq, I don't believe a "Citizen's Arrest" is necessary in today's time. I would prefer to call 911 and say I was "detaining" a subject until the Police arrive.

If you do, you know what you've done? You've just performed...a citizen's arrest!

Seriously, citizen's arrest doesn't mean anything like Mirandizing, handcuffing, or anything else particularly formal. It means you are trying to apprehend somebody in the commission of a crime. It's what you'd be doing anytime you draw your gun but don't shoot, really. Heck, it's what you do if you did shoot the guy but only wounded him.

Granted, I don't ever expect to explain to somebody that I am 'arresting' him, but if I yell, "Don't move, I'm calling the police!" it's what I am doing nonetheless...

[Pete Zaria]

I once had an incident with an unarmed person trespassing on my property (which has very obvious NO TRESPASSING - BY APPOINTMENT ONLY signs posted...) and attempted to perform a citizen's arrest - told him "I'm placing you under citizen's arrest, the police will be here shortly", etc.... I had read about citizen's arrests in several self-defense books and thought it would be a good idea... ha.....

He left, in a hurry, before the sheriff got here and I didn't feel that I had legal ground to physically restrain him, since he was unarmed and didn't physically threaten me. The LEO's did find him shortly afterwards (up the street....), but no legal action was taken beyond my filing a police report and restraining order.

I agree with Supertac, it's a great way to get killed. No criminal is going to take you seriously if you attempt to arrest him without a badge and cuffs. The ONLY situation I think I would seriously attempt it would be an unarmed and non-threatening "BG" in my home.
However, the question arises, what legal ground do you have to "hold" him there, either physically, at gunpoint, or etc...? If the "BG" flees, you can't very well shoot at him.... And starting a wrestling match until the LEO's arrive seems like a poorly thought out plan.

I agree with the general concensus here - Citizen's Arrests are a legal relic and impractical in 99% of scenarios these days.

Just my two cents.

Peace,
Pete Zaria.

[TonyB]

I think it was Eddie Murphy who said...."you're setting yourself up for a citizen's a$$whopping"....
seriously,if it was someone threatining bodily harm or death,that's one thing,but someone shoplifting at the mall...not worth it.IMO.I'm not a cop,and I don't play one on TV.

[Pete Zaria]

I think it was Eddie Murphy who said...."you're setting yourself up for a citizen's a$$whopping"....
seriously,if it was someone threatining bodily harm or death,that's one thing,but someone shoplifting at the mall...not worth it.IMO.I'm not a cop,and I don't play one on TV.

And if they're threatening bodily harm or death... the suggested solution is probably "2 COM 1 H", not a citizen's arrest....
I agree, citizens shouldn't try to "play cop". It's just a recipe for disaster.
If a "BG" is presenting you with a good legal and moral reason to use lethal force, do so. A citizen's arrest would only be practical in a situation where you were trying to prevent a crime, and the "BG" was unarmed and seemingly harmless. Even then, you're exposing yourself to unnecessary risk by attempting an arrest.

Peace,
Pete Zaria.

[Navy Chief]

Tooooooo Funny cphilip!!

[cphilip]

Tooooooo Funny cphilip!!

Sorry but I couldn't resist. I must admit, every time I hear the term Citizens Arrest, I immediately think of that episode of Andy Griffith. Never will associate it with anything else.