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I have often wondered about this. How do you go about making a Citizens Arrest? What do you have to do?
I have no idea. Any help appreciated

2006-11-17 23:30:28 · 4 answers · asked by davie 2 in Politics & Government Law & Ethics

I would like to know this in English Law

2006-11-17 23:46:09 · update #1

4 answers

You don't make a citizens arrest. What happens is you decide to unlawfully detain/imprison or kidnap someone, or you assault them.

But, when charged with unlawful inprisonment or assault, you raise the affirmative defense of citizen's arrest. That is basically a justification that says, yes I did do those other things, but I had a legal excuse to do so.

The details of when a citizens arrest can be raised vary by jurisidiction, but generally it's when you know someone has committed a felony, and their ability to flee would pose a risk to the community. Note that because it's raised as a defense, if you're wrong, you get punished for the underlying detention or assault.

2006-11-18 04:02:39 · answer #1 · answered by coragryph 7 · 1 1

if you witness someone breaking the law you do have a legal right to detain them based on a citizens arrest. If you witness them commit a crime or have valid suspicion that they have comitted a felony wether you witnessed it or not. Here's an interesting article you can read.

2006-11-17 23:43:38 · answer #2 · answered by Anonymous · 1 0

A citizens arrest refers to a person of the general public arresting an officer of the law, if you feel that an officer has broken the law, (maybe he is drinking and driving) you get his supervisor involved and request that the supervisor make a citizens arrest. ( however good luck getting a dui officer to pull over.)

2006-11-17 23:41:06 · answer #3 · answered by Robert P 2 · 0 3

A citizen could arrest a criminal if he caught him in the act (CIA). He could arrest the criminal and bring him to the police station, but only if he saw the person DOING the criminal act.

2006-11-17 23:39:30 · answer #4 · answered by ? 7 · 1 2

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