What does it mean to Citizen Arrest Someone?

Answer 1

Let me further clear some things up.

Yes, you can place someone under citizen's arrest for a misdemeanor. In fact, that is how the police operate in most instances. Police in most states (including the one I work in) do not have the power to arrest someone for a misdemeanor unless it was committed in the officer's presence. (There are some exceptions to this, such as in domestic violence cases.)

An battery (most people call it assault) is a misdemeanor. Let's say someone hits you and you want to press charges. You call the police and they arrive. You tell them what happens and that you want to press charges. They will tell you that you have to place them under citizen's arrest.

Let's make something clear: You DO NOT have to physically place them in handcuffs or anything like that. It simply means that you are taking the liability for any repercussions. The police usually have you sign a citizen's arrest form stating you will take the liability. The police then do the rest.

Here is CA law on it:

Penal Code 837

A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.

Answer 2

Any citizen can make a citizens arrest. However, in order to do so you must first witness a felony crime, not just a crime. Misdemeanors are not something you can make an arrest for, and it is not always easy to tell the diference. If you are sure that the person in question has committed a felony and you have witnessed it (you personally must be witness) you can attempt to make a citizens arrest. Now that's the tricky part. Obviously you are probably not carrying around a pair of handcuffs. If necessary and possible without causing injury to suspect or yourself you can detain said person untill the police (which you called) show up. Generally, this does not work. So your best bet is to talk to them, ask them questions...why'd you do it? where are you from? do you like football? anything to keep them from leaving. If you can accomplish this, and the police show up, congratulations, you have made a citizens arrest. Then you would fill out a citizens arrest form, because like they say, no job is done until the paperwork is filled out.

Answer 3

1

Answer 4

It is an arrest that you effect on another person for a criminal offense committed in your presence.

The main differences are:

1) If they resist, they can't be charged with resisting a citizen's arrest.

2) You have none of the immunities enjoyed by law officers as entities of government.

3) While police only have to have probable cause that an offense was committed(they don't have to be right), citizens on the other hand, have to be right in their assertion that an offense was committed and the person arrested committed the offense.

Answer 5

A citizens arrest is a common law action allowing you to detain someone who has committed a crime in your presence, or has committed a felony that you have personal knowledge of, or is about to commit a felony that would harm the community.

A citizen's arrest basically operates as a justification (defense) to claims for false imprisonment, and only operates where the facts (danger, criminal activity) are as you believe. In addition, the justification only operates long enough for you to turn the person over to the proper legal authorities.

Each state has different specific rules. Check your local listings.

Answer 6

You tell them you are making a Citizens Arrest and detaining (holding) them for whatever illegal thing you saw them do, then you must call the police to come over or take them with you to the police station. If you made an erroneous citizens arrest (arrested them improperly) they can sue you in court for false arrest. It sounds easy to do when you see someone break the law, but it is a serious thing to do on one's own. Your better off having the police called to handle it themselves, or 9-1-1 if it's a life-threatening situation.

Answer 7

Citizen's arrest is basically pointless lol.
Like lets say you see someone beating their kid in a parking lot. You can be like hey loser! I am holding you on citizens arrest until the police get here to arrest you. This does not give you the right to use force to hold them there. And you can only do it in the event of a felony. Basically if someone told me I was on citizens arrest, I would laugh, get in my car and leave.

Answer 8

You as a citizen see an illegal act you can detain the person as a citizen putting them under arrest, but be careful you can be hurt or killed or sued if wrong

Answer 9

To detain an individual for a crime that you have personally witnessed..you may only detain some one for crimes at the felony level and only when you have positive evidence that they have committed the crime...arrest=detain
It is the right of any citizen to detain a criminal

Answer 10

it means you are really being stupid for one, and it means you are risking being sued for false imprisionment.

It will differ according to eachs state law, but in general, if a person sees a crime being committed in thier presence, normally a felony they have the right to go over to the bad guy and say, you are under arrest, you are to stay here and wait for the police to get here.

Ok, if you don't get killed or hurt, you can be sued if first you are wrong, second if you physcially restrain him, and you are wrong you are in for a bigger law suit. ( remember he may be guilty but if the DA does not press charges or if the jury finds him not guilty, then he will end up with your house, your car and money out of your pay check for the rest of your life)