if i spot a policeman, like i did tonight who had a dodgy front light on his speed camera van, can i flag him down and make a citizen arrest so he can be persucuted for having a unroad worthy vehicle?, i was tempted today for a laugh but thought i might get in trouble lol.
2006-11-12 06:45:46 · 33 answers · asked by Anonymous in Cars & Transportation ➔ Safety
Of course you can, you're his boss!
He's a "public servant", not your king.
As a matter of fact, cops do illegal stuff all day long!
When they put their reds & blues on behind you, you're only required to get out of their way, not pull over.
READ YOUR VEHICLE CODE.
When they issue you a "ticket", they have just violated the separation of powers doctrine. Cops are in the "Administrative" branch of government. What the heII are they doing giving you a judicial summons to appear? That's a function of the judicial branch of government!
That's like the government ordering you to go to a Mormon Temple on Sunday mornings, it's a violation of the second amendment.
Cops ask you "Do you know why I pulled you over" without advising you of your right to remain silent first. That question is the first volley in his investigation into a crime. You don't have to answer any question.
As a matter of fact, the only thing a cop can do when he stops you is to either arrest you, or warn you of danger.
If YOU ask HIM "Am I under arrest?", and he answers "No.", he must release you immediately, because every second he "detains" you after that business is dispatched is UNLAWFUL DETENTION!
2006-11-12 08:47:14 · answer #1 · answered by s2scrm 5 · 1⤊ 1⤋
1
2016-06-10 08:58:55 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Members of the public can make a citizen's arrest but only for indictable offences and only when it is not practicible for a police officer to make this arrest. An indictable offence is an offence which is triable at crown court only. It is normally a more serious offence such as burglary, murder, or robbery. In this instance the offence mentioned is only a summary offence which means it is heard at magistrate's court at the very worst but is usually punishable by a fixed penalty notice.
2006-11-12 06:52:56 · answer #3 · answered by Fluffy Faye 2 · 3⤊ 0⤋
As a citizen u can arrest another citizen with just cause, if the cop is a citzen then yes. be a little tough for a moving violation though. Find out what department he/she works in a file a "citzen complaint" form. it will stay in the offers file forever, and may lead to disiplinary action against the officer, even dismisal if it is proven and serious enough.
2006-11-12 06:52:03 · answer #4 · answered by Todd 1 · 2⤊ 0⤋
The fact is the guy`s who drive these speed camera vans are just ordinary people doing their job ! they are not police men and it is not a criminal offence to have a light out on your car ! this is why the coppers give you 7 day`s to have it rectified ( if it is not done within the 7 day`s and they see you again THEN they can prosecute for a unroadworthy car ) So the answer to your particular question is No !
2006-11-12 13:22:49 · answer #5 · answered by charlotterobo 4 · 1⤊ 0⤋
You can only make a citizens arrest if it is a felony crime. deven then its discouraged because most likely they will try to kick your ***. Its best to let trained police officers with weapons and authority to take on the bad guys.
Also, you cannot give miranda rights because then it would be considered impersination of a police officer.
So I would have to say a dodgy front light on his speed van would probably not warrant arrest even if you were a police officer.
2006-11-12 06:52:33 · answer #6 · answered by J L 1 · 2⤊ 1⤋
Not for a dodgy light as this is not an arrestable offence.
If you catch a policeman commiting a criminal offence you can try a citizen's arrest but you will probably end up being arrested yourself for assault or something.
2006-11-12 06:49:30 · answer #7 · answered by migelito 5 · 4⤊ 0⤋
You can make a citizens arrest, police officers are only civilians paid to uphold the law.
BUT. . . . Having an unroadworthy vehicle is not an arrestable offence. So don't try it.
2006-11-12 06:55:57 · answer #8 · answered by mittobridges@btinternet.com 4 · 2⤊ 0⤋
I personally think that if he saw the same he would not arrest you. He would probably just ticket you.The best thing to do would be to contact that police department and report the vehicle including license number. If nothing was done I would then call the mayors department.
2006-11-12 06:54:34 · answer #9 · answered by rltouhe 6 · 2⤊ 0⤋
Uh, no. You are not permitted to make citizens arrests for traffic violations pretty much period. Citizens arrests are generally only permissible to prevent a felony or apprehend one who has just committed a felony. So if you see somebody murder someone, you can apprehend the murderer, but traffic violations aren't going to rise to that level.
And you can't arrest the cops, as they've got significant protections under sovereign immunity provisions.
2006-11-12 06:48:54 · answer #10 · answered by Ryan D 4 · 3⤊ 0⤋