Can you make a citizens arrest if the law is not around, in a respectable safe as possible manner ??

Question

I say absolutely yes you can the law was never taken off the books or changed. What do all of you say ?

Answer 1

Precisely why an IP Attorney should never represent you in a criminal case. LOL!

thanks for the two points.

Answer 2

1

Answer 3

Of course you can. Every time a store employee detains a shoplifter, it is a citizens arrest. Every time a security guard detains a trespasser, it is a citizens arrest. Every time a bail recovery is made, it is a citizens arrest. However, how you are permitted to conduct the arrest depends greatly on the circumstances. In some circumstances, when a police officer can't make an arrest without actually witnessing an offense, the officer will ask the complaining party to declare a citizens arrest. However, your powers are limited. In most cases you cannot restrain the arrestee beyond a certain point, transport them, etc..

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Note for the Jack C: You may want to check the PC's again. California Penal Codes are quite clear on the authority of citizens to make an arrest.

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Answer 4

This is not a constitutional issue, it is a statutory issue, which means that there are 50 plus "books" that it would have to be in to apply everywhere. That said, I believe that most jurisdictions permit a citizen's arrest. Yes, even California (where it is called a private person arrest). See Penal Code sections 834, 837. In fact, since in California law an arrest for a misdemeanor can be made only be a person witnessing the offense, such arrests are almost always citizen's arrests.

Answer 5

You can effect a citizen's arrest under the constitution. However this can be very dangerous and can also open up the door for a civil suit for a civil rights violation.

Let me say this.....civillians make much better witnesses than cops. Stick with watching and take in details. Leave the arresting to the people empowered with restricting people's movements and freedom.

Answer 6

Yes, in a heartbeat. While working security, I probably effected over 20 arrests this summer alone, while working at a bus depot. These arrests were primarily for trespassing, but included Possession of Controlled Substances (Marijuana, Meth and Mushrooms), Poss of Paraphernalia (needles and cookers, baggies,etc), and a couple of assaults, including times they tried to assault me or one of my officers, not to count how many times we had to call Detox for the drunks.