can a citizens arrest be made in all 50 states or does it depend on where you live?

Answer 1

All states permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. In California, for example, there is no requirement that a lawful arrest be executed by a citizen (as opposed to an alien or illegal immigrant), and the citizen's arrest is referred to as a "private person arrest." Note particularly that American citizens do not have the authorities or the legal protections of the police, and are liable before both the civil law and criminal law for any violation of the rights of another.

Hope this helps!!

Matt

Answer 2

As with any other legal issue, it always depends on jurisdiction. Even if the laws in all 50 states are roughly the same, details will vary. And those details might make a difference in the particular situation.

Under the majority of states, a citizens arrest only serves as an affirmative defense against tort actions, and sometimes misdemeanor actions like simple assault or improper confiment.

Also, unlike a police officer who has broad discretion to enact an arrest for any significant violation of the laws or breach of the peace, a citizens arrest is generally limited to felonies, either known committed (recent or current) or imminent threats to the community. And it generally doesn't provide any protection if the arrest is based on mistaken information, even if reasonable (again, unlike a police officer).

When in doubt, check your local listings.

Answer 3

The Constitution covers citizens arrest in the 9th Amendment. Yet again, if we go back to the Constitution which is THE LAW, anyone, anwhere can make a citizens arrest. That includes felony, misdemeanor and even an infraction!!! Meaning if some guy is riding your *** on the freeway, then passes and gets in front of you and slams his brakes on 'cause you pissed him off, you can trot on down to the office that has jurisdiction over the area you are in and file a complaint and have him charged with a violation of the vehicle code of whatever state you are in. And yes, you are the one who would have to go to court and testify if he/she fought it.
The whole liability aspect of it is the governments way of discouraging people to take control of their Constitutional rights. Not to mention that the government feels that they are the only ones who knows best; ie, YOU know what that guy/gal did is illegal. You may not know the exact section or violation to charge him/her with but you know it was illegal. However, when you go to, let's say the CHP (California Highway Patrol) they are going to discourage you to file this complaint because it's a lot of work for them. And even setting aside the fact that YOU are paying them to do that, they also present the attitude that it's THEIR job to ticket these offenders and you, as an ordinary citizen, obviously don't know the specifics of the law, so just forget it, leave it up to us, we'll get him eventually if that's the way he drives all the time.
So yes..a citizens arrest can be made in all 50states, it's your Constitutional right. And it's the arrested parties Constitutional right to sue you if he/she wants. For me, I'll keep defending my rights and let 'em sue me...And if all citizens would start doing this, the Government might wake up and decide to do what we PAY them to do. And, as with everything else, a person runs the risk of injury when taking the law into their own hands. Lot's of factors to consider but bottom line...you can make a citizens arrest anywhere.

Answer 4

Depends on the law of the land and what the arrest concerns. I think in all 50 states you can make a citizens arrest if you catch someone videotaping in a movie theater...

Answer 5

a citizens arrest is not legally binding. You can attempt to arrest someone, but unless you hold a badge, they do not need to comply. You would have to restrain them or hold them at gunpoint, and in either case the person could get a lawyer and sue you for everything you have. Under certain circumstances you would in fact be in violation of the law.

In other words, unless you've apprehended a child rapist or a murderer, or an armed robber somehow, don't try it.

Answer 6

in all state you are doom.