You may restrain and (citizens) arrest a person you have witnessed committing a serious crime, only if doing so will prevent the subject from causing serious bodily harm or death to himself or others or to protect property (you catch a burglar in your house). I don't think littering counts. You may find yourself answering to assault and unlawful imprisonment charges. You may however report the litterer and serve as witness.
On the other hand, if you witness a person throw a lit cigarette out the window of a moving vehicle and said cigarette starts a fire on your property, then you may consider taking action if you feel the police will not be able to arrive in time. Proceed with extreme caution and use common sense.
2006-11-25 20:09:33
·
answer #1
·
answered by Pastor of CoRCS 2
·
1⤊
1⤋
No. You may arrest when you have probable cause to believe that a person is committing in your presence a felony, an offense against the public peace, or in aid of a law enforcement official.
A note: Offense against the public peace can generally includes fighting, assault against yourself or a third person, interfering with a 911 call (class B misdemeanor by the way), etc.
Would not advise you try this unless you have PLENTY of willing witnesses to back you when the cops show up or else it could turn into he said she said.
2006-11-25 22:21:03
·
answer #2
·
answered by Dark 4
·
1⤊
0⤋
Unless you have the window down and it goes in the window, I would say no danger. Just driving over it won't put you in harms way. It is more of a danger to the environment and a chance of causing a fire to the grass at the edge of the road than to you.
2016-05-23 03:34:17
·
answer #3
·
answered by Alberta 4
·
0⤊
0⤋
also, if a citizen "arrests" sombody, the person detained "Must have In-fact commited the crime" in other words, you must have absolute Proof, not the lesser "probable cause" that cops need. If a court find him "not guiltY" the citizen can get sued...but the cop cannot
2006-11-26 20:19:28
·
answer #4
·
answered by jj 2
·
0⤊
0⤋
What are you going to do? You have a bubble light or something?
You're going to pull up next to them and yell "you're under citizens arrest"
I don't think you can arrest someone for littering.
2006-11-25 20:17:15
·
answer #5
·
answered by Anonymous
·
0⤊
0⤋
behave of course you can't citizen arrest is for serious crimes until cops get there then u risk being thumped by the person , then hitting back and ending up on an assauly charge
2006-11-25 19:56:44
·
answer #6
·
answered by Anonymous
·
0⤊
0⤋
Hey....
"Wanna-be"....get a life!!!
Sure...and they will arrest you for spitting on the ground.
Cross complaints. No problem.
Goof.
2006-11-26 19:37:12
·
answer #7
·
answered by COOKIE 5
·
0⤊
0⤋
Would depend on the state, but normally no,
2006-11-26 03:12:00
·
answer #8
·
answered by Anonymous
·
0⤊
0⤋
If you are man enough to hold him until the police can pick him up. YES.
2006-11-25 19:56:34
·
answer #9
·
answered by Anonymous
·
0⤊
1⤋
that "citizen arrest" is for serious crimes.
2006-11-25 20:06:53
·
answer #10
·
answered by Anonymous
·
0⤊
0⤋