How do you make a citizen's arrest?

Question

I always heard that normal people can do a citizen's arrest but what is it exactly that you do and what are your legal limits.

Answer 1

you have to first catch some one in the act of breaking the law its all about being in the right place at the right time

Answer 2

1

Answer 3

I've never made a citizen's arrest, but here's what I've heard.

First, although it is a legal thing for any citizen to do, making a citizen's arrest is risky business for the citizen doing it. If the person you arrest is innocent of the charges you bring against him, you will be liable to a civil suit for "false arrest."

Once upon a time, police officers were also liable in cases of false arrest, but over the years the police have acquired a kind of political immunity, and people whose lives were unjustly disrupted by an "official" false arrest, however horrendously, now have no recourse to civil action for redress.

Remember, however, that you are not a police officer. The political protections that safeguard the cops nowadays do not protect you, and if you make an arrest in error, you could be made to pay damages, actual and punitive, following a civil rights lawsuit.

Another thing to keep in mind is the unwritten structure of social precedence. Rich people outrank poor people. Minorities outrank White people. Jews are the minority with the highest rank. If someone from a low-ranking demographic group attempts to make a citizens arrest of someone belonging to a higher ranking group, not only will the penalty for a false arrest be higher, the burden of proving that your citizens arrest was proper will be greater.

It doesn't really work the way fairminded people would naively assume it should work.

Answer 4

Laws vary by state, but generally the concept of a "citizens arrest" is raised as a defense if you confine someone else against their will.

In most states, a citizens arrest can only be made if there is proof that a felony was or is being committed, and that allowing the suspect to flee would be dangerous to the community.

There is also a special case for shopkeepers, who can detain someone for a reasonable amount of time to investigate whether that person has committed any crime (even petty theft) against the store. Some states treat this as a variant of citizens arrest, while others treat it as a wholly separate defense.

Because it is raised as a defense, that by definition means that you are admitted that you detained someone which could subject you to criminal charges (unlawful confinement, assault, etc.) if the defense is unsuccessful.

Answer 5

UK: Citizen's arrest is fraught with danger, as any unlawful arrest will cost the person effecting it a lot of money. Besides it is not as easy as it seems. Again if you get it wrong you are assaulting the other person who is entitled to defend himself which may injure you. Police Officers have special powers and their arrest includes different types of offenses. Citizens are limited to Arrestable offenses (the big ones) and not minor crime or motoring offenses. Again, the arrestable offense MUST have taken place and you must have the evidence to prove it for if you cannot for whatever reason, again the arrest is unlawful. Whilst a police officer may arrest any person whom he reasonably suspects of committing, having committed or being about to commit an arrestable offense, he may arrest that person, whether or not an arrestable offense has been committed. This gives him plenty of leeway whilst poor old Joe Public can only arrest if an arrestable offense is being committed or has been committed. Call 999 every time and get as much information as you can, car numbers, descriptions etc., and let the professionals do their job................

Answer 6

The laws vary by state, but all states allow a citizen to detain someone they personally witness committing a felony or when asked to do so by police. In some states more than this is allowed, in others that's it.

Also, as a citizen, you are not given any of the immunities given police officers, so if you harm the person while arresting them, you could be sued.

Answer 7

If you do make sure you dot your eyes and cross your tee's because if you don't have the facts they can sue you and take everything you got, there is the matter of backing up what you say the tricky part is to detain the person until the police arrive!Basically all you have to do is tell the person " i have seen you in the commission of a crime and i am making a citizens arrest" NOW implement it and make it work " this is the real world and nothing ever works that way...sorry"!

Answer 8

You must know that the person has committed an arrestable offence (carries five year jail sentence) unlike a P.C. who can arrest on suspicion that an offence has been committed. How do you prevent the person from running away?

Answer 9

First you really can't but there is a law in most states about it.


You have to see a major crime in process, does not work on traffic and most non felony crimes. If you see the crime in process you walk over to them and tell them they are under arrest,and ask them to stand there and wait on the police to get there.

remember is you put your hands on them, or physcially detain them in any way and they are not charged by the DA and they are not convicted and you put your hands on them you could be chaged with unlawful arrest and false imprisment.

Also if you have to use alot of force you can be charged with assult

Answer 10

If the person is smart they don`t and call the police. You could be sued by the person you are trying to arrest, plus putting your life in danger.