Defensive Carry banner

"Citizen's Arrest"?

14K views 87 replies 52 participants last post by  rico68 
#1 ·
Mods - please move if in the wrong forum.

I hear this bantered about from time to time.

a. Is there really such a thing?
b. Guessing it's state by state.
c. How is it used?
d. What are its basic limits?

Thanks!
 
#7 ·
Best place to gain experience in "citizen arrest" is an urban housing project cleaning up the gang/drug problem. Let me know how it works out.
 
#8 ·
Knowing the law regarding "citizens arrest" is an important aspect to being responsible with regard to carrying. Primarily, so that you know where the line is in your state and so you don't cross it!

Just my opinion but I don't believe there is ANY reason for you to ever need to place anyone "under arrest". :nono:

Oh yeah, I'd NEVER carry or use handcuffs either! :rofl:
 
#9 ·
I think its one of those things like the perfect 60/40 or 70/30 grip. often talked about and debated, but when the SHTF, you won't be too worried about the specifics.

I think if you in line at your 7-11 and the guy in front of you robs the place, and you feel the need to throw him to the ground, and sit on him till the cops get there, I honestly doubt the cops will be worried if you performed a proper citizen's arrest or not. But IMHO, I'm just getting out of the way and staying safe. They have insurance on their money for just that reason. I can't think of a time that risking my life to perform a citizen's arrest would be better than trying to stay calm and doing my best to be a good witness.

just my $.02
 
#14 ·
NC has Citizens detention under VERY specific circumstances.


G.S. 15A-404 Detention of offenders by private persons.

(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405 [assisting law enforcement officers in making an arrest.] A private person may detain another person as provided in this section.

(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1) A felony,

(2) A breach of the peace,

(3) A crime involving physical injury to another person, or

(4) A crime involving theft or destruction of property.

(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:

(1) The determination that no offense has been committed.

(2) Surrender of the person detained to a law enforcement officer as provided in subsection (e).

(e) Surrender to Officer. - A private person who detains another must immediately notify a law enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law enforcement officer.

More here.

North Carolina General Statutes - Legal Commentary - April 1997
 
#15 ·
If a citizen's arrest is not a good idea, then what good is my CCW badge?:rolleyes::rolleyes:
 
#19 ·
I don't know of anyone who's ever actually done a citizen's arrest aside from Gomer Pyle.

IIRC I'm pretty sure that I read once that an arrest made by a "citizen" here can only be at the felony level. FWIW

BTW I seriously doubt if I'll ever start a thread titled, "Attempting my first citizen's arrest"
 
#24 ·
I have had occassion to perform one "Citizen's Arrest" (CRS 15-32-210) in the course of my job as a Security Guard. The guy was drunk and climbing on people's cars so I walked up to him and said 'Let me look at your hands Russle" "Hey your hand is bleeding dude, let's go down and let the medics take a look at it." At this point the guy asked if he could just go home and I replied " Come on Russ, you know that once I call the cops you have to stay and talk to them." And I took him down to my office and turned him over to the cops.

To provide background, on New Year's Eve the same guy started smashing car windows in the garage and had the bad luck to do it right in front of a off duty DOC Officer (In Co DOC is a Peace Officer not an LEO) who took him into custody on the spot. That's how I knew his name was Russle and why I had enough rapport W/ him to walk him down to the cops W/out incedent.

Wouldn't have done it had it not been a job requirement.

Had a boss of mine "detain" two Rainbow children he caught on a coal train on one of our sights too. He used the secret Mall Ninja technique of offering them donuts, coffe and some place warm to sit while they waited for the rail road cops ( who released them)
 
#26 · (Edited)
Way to many legal "gotcha's" involved for me to ever try it. I'll defend myself or detain when possible, but if they flee I'm just going to make sure I give a good description to the responding officers.
 
#28 ·
In Tennessee there is no such thing as a real "Citizen's Arrest." If you read the law it says you can go get an LEO, tell him what you saw and he can make an arrest, on the scene, based on your word. There are so many legal entanglements in any other action, that you are about 99% sure of being in legal trouble yourself.

Boils down to: be a good witness and carry a cell phone!
 
#30 ·
I think the bottom line on CCW Badges is this: Badges are not ID, they are symbols of authority and should not be carried by people who do not have the authority that goes with the badge. No matter what other laws are in place as regards "Citizen Arrest" a CCW license/permit does not make the bearer a commissioned LEO and that is what the shield denotes. I don't even like to see badges on private security personnel. A simple company patch on their uniform should surfice.

Many Government agencies that are involved in "police" work do not even issue badges but let the ID card suffice. Many states do not authorize a badge for private investigators, again license ID suffices.

A badge, at least to me, means a Police Officer or a Fireman, both of whom need to be able to establish immediate, unquestioned (at least for now) authority. I am neither, so I don't need a badge.
 
#31 ·
For those who are inclined to make a "citizens arrest," here are some suggestions:

1. It should not be cast as a citizens arrest, but only detaining until LEO arrives.

2. There should be any detaining unless you witness a felony in progress such as robbery, burglary, or rape.

3. Save the CCW, CHL (or whatever you call it) announcement until you are asked by LEO or the law requires disclosure.

4. By all means take caution to assure that you are not shot by LEO when they arrive.
 
#38 ·
If I'm remembering correctly, 'arresting' someone in some areas also implies a certain level of responsibility for a person. For example, if an officer were to arrest and cuff someone who subsequently ran into traffic and got hit by a car, the officer would have some level of fault in that action.

Whether I recall that correctly or not, I'd prefer to avoid the situation entirely!
 
#39 ·
Detaining is holding in place for LEO to take them. Arrest involves taking them against their will.
Generally, there is a severely limiting set of circumstances and stout requirements for behavior, in a situation in which a citizen's arrest is being made.

Here's the deal: the other person is a citizen, as well. (Unless he/she is an undocumented, illegal sort, of course. Though, you won't know that.) That means, he/she has as much right as you, to everything, including liberty, including being protected against illegal search/seizure, illegal arrest, and the whole can o' worms. Taking away the rights of a citizen is a BIG deal. Our society doesn't allow that to be done lightly. You'd better have your legal cap strapped on tightly, before attempting.

Situations such as stopping a violent felony, of course, are a bit different. But then, it's not "citizen's arrest" that you're doing, when attempting to stop such a crime right in front of you. In such a case, you're not taking control of that person's liberties; rather, you're simply stopping the violent crime. Big difference.
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top