First of all let me clear up the use of force there 2 bits of legislation you can use first of all
you can use common law IE if you believe there is an imminent threat of violence against you or another you can use "reason able" force. Also you can use section 3 criminal law act which is about the detention of persons. As long as the force used by you is seen to be reasonable you will have no problem in court( that is not to say that you will not be arrested by it would br unlikly to get a charge of assault)
Previously the law limiting powers of to police and private persons was PACE 1984. The Serious Organized Crime and Police Act 2005(SOCPA) section 110 has ammended many sections of PACE including the section dealing with arrest by private individuals.
The concept of "arrestable offences" has been abolished. Instead "other persons" can arrest without warrant only indictable offences although police can arrest for all offences.
INDICTABLE OFFENCES
are those which can be tried in a crown court or higher court by a jury. "Arrestable Offences" were those offences that could result in a sentance of 5 years or more ie theft, assault, robbery, burglary, and much criminal damage.
As a private individual you have to KNOW that such an offence has taken place. Police can supect.
I commend you for your actions but take it easy out there. When I arrest someone a have the back up of many years of dealing with dangerous situations as well as support from other police officers
well done though
2006-11-04 08:05:42
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answer #1
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answered by GRILL 2
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no remember if or no longer police could be subjected to a citizen's arrest isn't indicative of no remember if or no longer they are above the regulation. phraseology your remark that way surely provides some perception as on your viewpoint. As you have already study, there is a minimum of one state that would not enable a citizen's arrest. In that state the police are patently no longer above the regulation yet there is not any provision for what you're asking approximately. In California (and it could have been effective to nicely known what state or united states you're asking this question approximately), an on-accountability regulation enforcement officer must be arrested below what you're calling a citizen's arrest - nevertheless it incredibly is technically noted right here as a private individual's arrest. As a "genuine actuality," i'm able to allow you know that doing this manner of element could be exceedingly unusual. you will possibly decide to be certainly particular you have been splendid in what you have been doing and you will possibly surely ought to nicely known the guidelines on your jurisdiction. Making an arrest, no remember the place or the way you do it, consists of some severe repercussions in case you do no longer do so as an agent of the government and you eventually finally end up being interior the incorrect.
2016-10-21 05:59:51
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answer #2
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answered by Anonymous
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first of course you do know you can't use any force to hold them, you merely ask them to stay there till the police come.
If you use force, you can be charged also, and also sued for false imprisonmnet if the person is not convicted.
But when you police show up, you tell them you are holding him for doing so and so crime, and have to provide them the evidence, In many places you will have to go and fill out a statement and in many places appear at the initial hearing.
So unless this is a serious crime, and the use of force is needed to protect the life of someone, you don't do a citizen arrest.
For exaple you arrest someone for possession of drugs, call the police, they show up, the suspect merely says, you planted the drugs on them. Since you are not a police officer, your word can be doubted alot more than a police officers word. If the DA will not prosecute, or if they are found not guilty you could be sued by the drug dealer for holding him against his will.
2006-11-04 04:03:22
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answer #3
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answered by Anonymous
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In UK the citizens power of arrest changed as of 1st January 2006. So its best to research that before you go off doing your Superman bit.
There is no specific wording to use when making a citizens arrest. However you must inform the person you are arresting as soon as possible what you are doing, why you are doing it and what offence you believe the person has committed.
Be aware though that you could be sued for false imprisonment,or unlawful arrest...not to mention any danger you could be placing yourself in.
Personally I would only ever phone 999!
2006-11-04 03:44:16
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answer #4
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answered by Ah! 5
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You have to tell them why you placed the person under citizen's arrest. Then you'll probably have to go to the station and fill out some paperwork so the officers know what's going on and what the person did.
You do not have to give Miranda Rights to the person you arrest, you are not an arresting officer. You only have to inform them that you're holding them until the police arrive under the citizen's arrest policy.
2006-11-03 20:34:16
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answer #5
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answered by Lucianna 6
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At a bar in Detroit about a year ago, my brother and I had to use citizens arrest to hold a guy that was randomly whacking peeps on the head with a folded up piece of paper. hehe, yep....one guy got so mad- omg, and a fight ensued. Well we got the guy outside in the lot, and informed him that he "was under citizens arrest"- to which he laughed at-but wasnt gonna get far- my brother and I share nearly 500 lbs between us! he wasnt going ANYWHERE lol.
When the locals got there, the only thing they wanted to confirm, was if the owner, or business representitive had witnessed the problem, to which she did say so, then the guy was driven off with charges applied at the scene, and away to jail he went.
So its pretty simple- you can detain a suspect by way of citizens arrest IF you or someone else was witness to a crime.
2006-11-03 21:59:10
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answer #6
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answered by Diadem 4
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Yes you can make a citizens arreset,,but then you have to get this arrested person to the Police station and get the station officer to accept the charge that this person was arrested for
2006-11-03 20:11:30
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answer #7
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answered by Anonymous
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you have to be old enough to vote before you can arrest someone under the "citizen arrest" policy in most states.
2006-11-03 22:21:44
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answer #8
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answered by Anonymous
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just tell the someone your making a citizens arrest
2006-11-03 20:08:09
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answer #9
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answered by english bob 2
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you dont have to say anything however your a fool to arrest some one on a citizen arrest as thay have the right to say you have assulted them
thay get off you get arrested
2006-11-04 06:49:14
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answer #10
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answered by Anonymous
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