Can you legally do a citizens arrest against a illegal alien.?

Question

Can you, what are the stipulations you need to be concerned about ?

Was refering to something I read about the Rancher neighborhood watch, from what I understood, they used nets to capture Illegal aliens, and could do this legally because of the right to do a citizens arrest. This might be a different ball game, because the Illegal aliens are tresspassing not just on American soil,but also on their own priviate land.

http://www:youtube.com/watch?v=elmv2f2hciw&mode=related&search=

Answer 1

The provisions of 42 USC section 1983 forbids anyone from just arresting anyone on USA's territory - legal or illegal ("other person") - without just cause. Until this very simplified clause in the USA law is amended, which is exactly what patriot act 2 is about - an indirect amendment of law without proper procedures and without the knowledge of the people, there could be repercussion, and legally justified!

See http://familyrights.us/info/law/title42sec1983/

Answer 2

Most people really don't understand what a citizen's arrest is.

In most jurisdictions, a citizen's arrest provides immunity if someone sues you for unlawful confinement or battery. In other words, if I were to perform a valid citizens' arrest, and the person I arrested tried to sue me in civil court for holding them, I can assert the citizen's arrest as a tort defense.

What makes a citizen's arrest valid? Generally, the person being held must have committed a violent crime or a felony, either recently or currently. Some states also allow a citizen's arrest for any past felony, if the felon is dangerous to society. Some also allow a citizen's arrest where a person is highly likely to commit an imminent felony that would likely cause death or serious bodily harm to another.

So, under that definition, would someone who has failed to follow the proper paperwork procedures for entry into this country be considered a dangerous felon? Or are the currently committing a violent crime, just by standing there? If not, then under the definition above, a citizen's arrest would provide no defense. Also, unlike a police officer, I must be correct in my beliefs, because a mistake of fact could eliminate the defense.

The immigration status of a person does not generally change how they are affected by generally applicable laws. A citizens arrest would not be any more or less valid against someone who has not filed the proper paperwork than it would be for anyone else in a similar situation.

Now, this might change if Congress made it a felony to be an illegal alien. In that case, depending on the appropriate state laws, that felony status may itself be sufficient for a citizen's arrest. But it would be the felony status, not the immigration status, that is determinative.

Answer 3

...yes, but depends what they are doing to warrent an arrest and also depends on your state laws....

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.

Answer 4

No ( if you could the minute men would be doing it)

Because no ciy or county police ( or even the state police) will arrest someone for it, there is no one to turn them over to.

I have not read the exact law, but unless your state has a law restricting illegal aliens, it is only a Federal crime and restricted to being inforced by the INS and Border patrol.

Most Federal laws allow for state and local police to enforce them. But this law is different. Illegals are arrested everyday for being drunk, shoplifting, DUI, speeding and more. But they are not detained for being illegal, Even the mass group arrested a month ago, all but a few were released with a date to report to court ( like they would show up)

If you try and stop them, they could sue you for illegal detention, perhaps false arrest and maybe assualt if you do it physcially.

Answer 5

No you can't perform a citizen's arrest on anyone, but if you're going to report an illegal alien, you can call the Immigration and Customs Enforcement.

Answer 6

Anyone can make a citizens arrests - hence the title citizen's arrest. However, I would be very careful. You do not wear the uniform of an authority figure, and you are not trained to make arrests. You can get yourself into a dangerous situation, with no one to back you up - or get your self into legal trouble if you cause someone undue bodily harm.

Answer 7

It doesn't matter whether you can or not (you can). What matters is if your local police will accept and process the arrest. There's no point in doing it if they reject it, for they could cite you for assault and battery.

Find out how your police will respond. If they are for it, and will jail the person for at least a day, then ask them how to do it.

Answer 8

Yes you can: but Martians are exempt.