Citizens Arrest - worth it or not

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Since i have been watching some COP shows lately the subject came up about citizens arrest and the risks so i decided to have a look at some legal stuff. 

It seems its not only different by state, its also different by county (or parish) and even some cities have their own spin on the subject.  If you have to do it and you dont do it right you can get sued or do jail time yourself.  Most of the citizen arrest requirements were easy to follow until everyone decided to make it very complicated. 

On a side note, although you dont need to read them their miranda rights have you seen how some jurisdictions have made the miranda so complicated and strung out with overkill that the officers even have trouble reading it all, they have to bring a clipboard with them to read off of, is anyone going to really understand that stuff, probably not.

One of the main issues with citizens arrest has been do you need to say "you are under citizens arrest" in any form.  Well different jurisdictions have different requirements, some you have to say it a special way, some feel that the suspect should assume they are if they are being held down and you dont have to say it at all. 

Also if you decide to give them alittle street justice with a kick or punch (not reasonable force) then you can be sued as well.  Reasonable force is allowed but you have to be sure that a average person would have done the same or your in trouble for excessive force.

Most of the time the rules seem to follow very similar basic rules (i am not an attorney and not giving legal advice just sharing what i have read)

1. reasonable suspicion
2. probable cause
3. approach
4. reasonable force
5. call the police ASAP
6. be sure the police know this is a crime in progress
7. its always good to get everything on video/audio if you can

Remember you can be sued well after the fact for just about anything, either by the suspects family or by the suspect themselves. 

So is it really worth getting involved, that is a personal decision.

You can look up your state or county laws via google i have found several, some are very clear and some have not written laws at all, so do your homework first.

 

Optimistic Paranoid

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By an odd coincidence of timing, the New York Daily News just ran a story about a guy who made a citizens arrest on the subway.  Details here:

https://www.nydailynews.com/new-york/brooklyn/ny-metro-platano-2-121418-story.html

As far as Miranda Warnings go, the cops can - but don't have to - give it to you as soon as they arrest you, they only have to give it to you before they can QUESTION you.  Since you won't be interrogating someone you are arresting, it doesn't really apply to citizens arrests.
 

NY_Dutch

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With few exceptions, citizen's arrest only applies to felonies, not misdemeanors. Miranda warnings don't apply in a citizen's arrest at all, nor do some of the constitutional rights LEO's must follow when making an arrest. That is UNLESS you're directed to make the arrest by a LEO, in which case all of the same rights apply that a LEO must follow. The link below goes to a pretty good Findlaw article on the subject:

https://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html
 

John From Detroit

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One of the rules on arrest is for some crimes the "Arresting person" Must witness the crime (NO. I'm not even going to try and specify which crime but they are "Lesser" crimes)  So you catch someone doing it and manage to detain them at the scene or identify them but.. alas the officer who responds did NOT see it happen. You did.. THe officer may "Suggest" you make a citizen's arrest.

That's about the only way I'd do it.

NOTE. there is another way the perp can be arrested .. The officer present to the prosecutor who requests an arrest warrant, if judge issues one, THEN the officer can arrest.  (NOTE I tend to talk about MICHIGAN rules).
 
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NY_Dutch said:
With few exceptions, citizen's arrest only applies to felonies, not misdemeanors.

Yes i did forget to mention that most of the time it refers to felonies, thanks for clearing that up :)  Texas also includes disturbance of public peace.

This is not all the statute the rest is about peace officers so i didnt include that but here is the source link..  https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm



Texas

CODE OF CRIMINAL PROCEDURE


TITLE 1. CODE OF CRIMINAL PROCEDURE


CHAPTER 14. ARREST WITHOUT WARRANT



Art. 14.01. OFFENSE WITHIN VIEW.  (a)  A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

 

Charlie 5320

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Wouldn't even consider it, in these times. Good way to get shot, or killed. The most I would do is take video and report it to the police if you have the perts ID. I tend to mind my own business these days as I'm an old man that don't need any trouble.
 

mel s

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durangod said:
Since i have been watching some COP shows lately the subject came up about citizens arrest and the risks so i decided to have a look at some legal stuff. 
durangod
Any person who makes a "citizen's arrest" may be charged with false imprisonment, which is a felony offense.
False imprisonment is the crime of restraining another person, without lawful authority to do so, and against his or her will.
 

bigfatguy

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Hell no.

You open yourself to arrest by the police, to suit by the perp, and to being abused by the legal system.
 
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