Could a citizen put an on duty police officer under citizens arrest?

Question

Could a citizen put an on duty police officer under citizens arrest if he believes the police officer is committing illegal actions/brutality (cruel and unusual punishment) towards another citizen?

felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, drug possession, embezzlement, treason, espionage, racketeering, murder, and rape.

Answer 1

Yes. Gomer Pyle did.

Answer 2

Legally, yes. Realistically, No.

The inherent problem would be actually "effecting" the arrest. The law in most places requires that the person arrested must be taken before a magistrate immediately, or within a time limit prescribed by law. Just saying the words is not sufficient.

So here's the problem. You decide you are going to make a citizen's arrest of an on duty police officer. Expect that the officer is carrying a gun, a baton, a taser, pepper spray, handcuffs and a radio to call all his friends. I expect that your attempt would end up with you in jail for assaulting an officer, obstructing an officer, etc.

Here's one more issue to consider. What you perceive to be cruel or unjustified force by the police is very likely legal. Remember that, in spite of whether you agree with the force or not, the law of the land allows the police the right to use force to effect an arrest. Also remember that, In most cases, the legitimacy of the force used is evaluated against the opinion of another "reasonable officer under the same circumstances" and not the opinion of a "reasonable citizen under the same circumstances."

I have been a cop for over 11 years and I am smart enough, and reasonable enough, to know that cops sometimes go to far with their use of force. People abuse their positions across the board - teachers marry students, doctors molest patients, the president cheats on his wife, etc, etc, etc. Of course these incidents are few and far between. When a video comes up on the news complaining that someone got tasered, pepper sprayed, punched, etc., we TV junkies eat it up. We want action. We want heads to roll! That's just the way we are in America. Of course 6 months later, those videos are gone, the officers are back to work because the courts have ruled their force was justified, and we have all moved on.

In my career I have pepper sprayed people, punched people, kicked people, hit people with my baton, etc. I have put hundreds of people in jail - between them all for thousands of years in prison. So far, I have never walked away from a person I used force on feeling that the force was anything but right.

Enough of my soap box.

Back to your question... A better choice would probably be to gather your evidence and go to the police department supervisors or IA.

Answer 3

By strict meaning of the law, they could, but they would only get hurt, arrested for interfering witht he officer.

They need to report it to the police supervisor.

first they may not know the law, and may not have witnessed everything that has happened.

Next a citizen in a citizen arrest can not use any force at all, they merely walk over and tell them you are under arrest, so when you do that to a officer who is armed and already doing something with force, they will merely include you in the actions.

Next if you try to pull a weapon on a officer, other officers will not understand and you will be dead first questions latter.

And of course the question is 'if you beleive" any citizen arrest has to be beyond believing, to knowing, since if you are ever wrong, you can be arrested for false improsionment and false arrest.

Officers are normally imune from this.

So you file a report with the police department and the attorney generals office.

Answer 4

You'd be playing with fire there. Most of the cops I've seen carry guns. Your best bet would probably be to call 9-1-1 and explain what's going on. And get your video camera rolling. If you call 9-1-1 and report that a policeman is involved in an altercation, more cops will show up really quick. Those kinds of calls are given really high priority through the dispatcher. And just because there's that one bad apple doesn't mean they all are. Additional cops showing up will mitigate the situation.

Answer 5

Technically, yes, but that citizen runs the risk of being arrested for interfering with a police officer in his duties.

As mentioned before, by the time either case comes to court, which will be believed? Remember, what YOU see as a crime may not actually be.

Safer bet is to gather witnesses and then report the suspicious activity to the proper authority.

Answer 6

Technically, you can, but you better know the law yourself before attempting this, and in addition you are putting yourself in great danger by confronting some one who is armed and in a position to do you some serious damage, or even kill you, and cover it up reasonably well.You are better off reporting this incident through something like a crime stoppers hotline, and save yourself a lot of grief.

Answer 7

The BIG word here is, PROOF... unless you have solid proof, good luck with that.. Police stand by each other, and yes, will even lie to help a comrade out of a jam..

Answer 8

Uhh...pretty much..No.

Citizens arrest are most of the time limited to felonies, and even in those cases are very restricted.

Answer 9

yeah, but you better have a video tape and solid proof...make copy's..talk to the prosecutor,or a lawyer,,, remember cops will stick up for other cops so you need solid evidence,and go to the top...always have copy's hidden somewhere...!!!!! if he is well liked he may try to make it rough on you...good luck..

Answer 10

They say you can but guess who is going to win when it comes to court??