The simple answer. YES
The complicated answer - There is a misconception as o what "Arrest" means and what that would entitle you to do to someone. "Detaining" someone can get you into a whole BUTTLOAD of trouble, depending on the offense and your involvement in the witnessing of a crime.
For example - you are in the convenience store and some guy walks in and starts pounding the crap out of kids hanging out in there. You and others intervene and sit on the nut job til Law Enforcement shows up, give a staement and the guy goes to jail.
You see a punk kid by your back yard and you think he is the one throwing trash in your yard so you hang on to him and call the Cops - YOU probably go to jail.
In many jurisdictions a Citizens Arrest is mearly YOU witnessing a misdemeanor, filing a complaint to the Cops so THEY can arrest him.
2006-09-21 16:02:43
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answer #1
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answered by APRock 3
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The correct answer is "it depends". Some states have a law specifying what a citizen can make an arrest for. Some may not. There is no citizen's arrest law for violations of the federal laws that I am aware of.
Note that all autorities for an arrest are spelled out in law. In Texas, the law is the Code of Criminal Justice. Chapter 14 (first link below) is the general rules on arresting without a warrant and specifies a citizen (where it says any person) can make an arrest for a felony or a breach of the peace that occurs in their presence or view. Chapter 18 (second link below) also has a section allowing any person to make an arrest to stop a theft.
While the law allows the arrest, do you know how to make one and what to do with the suspect after you arrest him? I strongly suggest you stufy this because it can be dangerous and it is easy to break other laws while doing this.
But the short answer is that any person can make some arrests in Texas. Your state or country may vary.
2006-09-21 16:42:46
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answer #2
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answered by Steve R 3
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Yes as far as i know they can. If you do this though make sure you call 911 and first if at all possible then take safety precaustions. Now a days you never know how dangerous a person can be. If it were me making a citizen's arrest I would call 911 tell them what is going on then ask them if they think it is safe enough to make an arrest. Say you see someone in a grocery store stealing. Call the cops and then if you see someone in the store that works there tell them to go get the manager asap. Go to the person stealing and tell them to stop, if they continue what they are doing then proceed with I will make a citizens arrest if you do not stop. By then the police are notified and so is the store. Hope this helps.
2006-09-21 14:43:15
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answer #3
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answered by Krystal W 1
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I hope this helps you. I would NOT recommend making any type of citizen's arrest. I will not even make an arrest off-duty unless it involves very specific elements. Between the liabilities, and range of things that may go bad, you could find yourself badly hurt or worse. Trust me on this. I carry a weapon, handcuffs, etc off -duty and I am fully trained to deal with situations. I would NOT get involved in a situation off-duty unless someone was about to take another's life or close to it. People have gotten involved and found themselves without their children, parents, etc as they were killed by the suspect because they were armed and it wasn't realized. HEED MY WARNING.
2006-09-21 14:54:51
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answer #4
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answered by spag 4
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Yes. In Michigan (and most other states), citizens can arrest for felonies committed in their presence OR if they believe the suspect committed a felony. These are the same felony arrest rights that police officers have.
Of course, you better be right or not own anything.
2006-09-22 22:12:34
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answer #5
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answered by FelonyBoy 2
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Citizen's arrest falls under the 2nd amendment. If the PEOPLE wish to arrest someone, they can. A judge may grant a warrant, but there's a lot of legal stuff to it than going "Get that mutha fucka!!!" and detaining him against his will.
2006-09-21 14:46:21
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answer #6
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answered by zealot_guy 3
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yes. I have once and the guy went to jail. I had him arrested for drunk driving. the cops didn't see him so they told me that I could do a citizen arrest. then once I could have had a b*tch arrested for coming to my house and attacking me but the cop said she could turn around and have me arrested as well because there were no witnesses, so I passed that one up. but ya you can do it. you better be able to prove your case though or you will get in trouble for false arrest. I don't know what the consequences for that would be.good luck
2006-09-21 14:45:40
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answer #7
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answered by Anonymous
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Yes they can... But i suggest smacking them over the head from behind (so they don't see you) and calling the police... Much more satisfying :)
I'd place Carrie C under citizens arrest for being a prat... The criminal would know your name and get people to sort you out you novice!
You Americans are too scared to get your hands dirty... Sue,sue,sue!! Call 911 i just messed my shorts!!
2006-09-21 14:40:44
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answer #8
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answered by Anonymous
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I wish! I would love to run and jump on some minor criminal's back and yell out "CITIZEN'S ARREST!! CITIZEN'S ARREST!!", while hitting them with an umbrella . . . just like the movies.
It would be funny and make me laugh, but I don't think the other guy would like it too much.
2006-09-21 14:47:21
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answer #9
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answered by Anonymous
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yes, you walk up to them and tell them "you are under arrest" and please merely stand here while we wait on a police officer.
Once you use force and they were not threatening you, they can press charges against you and sue you in civil court.
Now if the crive is in progress and you are threatened or feel likel you are in danger, then you can act.
I was at a Kroger before ( off duty as a police officer) a person had just robbed the cashier and was running out the door, I baslcly graped thier arm as they ran past and spun them around into a ATM machine sitting in the entry way.
They wanted and tried to sue me, but since I was a sworn police officer even though I was out of my area, and off duty, as a police officer I had a obligatin to act.
As a private person I would have been sued for thier injury.
2006-09-21 16:46:35
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answer #10
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answered by Anonymous
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