Citizens arrest. Can I arrest my next door neighbor?

Question

He's a cop but throws his trash on my property. If I attemt the arrest, can i use handcuffs? Will he shoot me? Can I arrest more neighbors if they piss me off?

Answer 1

if you make a citizens arrest you'll have to call the police because you can't personally hold someone in your custody indefinitely. because this is an ongoing activity, it's just best to go down to the station before doing anything yourself and see what they can do. it might be tricky because he's a cop, but it's worth a shot and it's better than trying to make a citizens arrest.

Answer 2

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Answer 3

Making a citizen arrest is a difficult thing to try, if don't all the pins and dots in a row the case could be lost.

Then, unlike the police who indemnity, you will facing a false arrest law suit that may not be covered by your home owners insurance and find yourself with a personal financial loss.

You could contact the local government agency that covers littering such as the town or village. If this only the purview of the police department you may make a complaint and if not resolved, follow that up with a complaint to his supervisor or internal affairs section.

Don't be intimidate by your neighbor, just follow the proper channels to resolve your problem.

Answer 4

Well before you arrest your neighbor you have to know the law - trash in the yard - your yard is an infraction not a criminal issue - citizen arrest is designed for criminal issues not civil issues. Most likely - you will be wrapped in a warm fuzzy white suit and taken to the nearest hospital for some serious evaluations. A pink bunny will emerge from behind the curtain and put some serious knots on that nogging of yours looking for hollow areas and there must be many

Answer 5

You could try a citizens arrest but you would more than likely end up with kidnapping charges. It is possible to perform a citizens arrest but you had better make absolutely sure you can prove your case in court or you'll end up being the one serving time. As for throwing trash on your lawn, I doubt you would be justified in performing a citizens arrest for an issue that you could handle by other means such as reporting the crime to other police.

Answer 6

I'm not sure that littering is usually detered by arrest. I know there can be some pretty hefty fees involved, but you're risking a kidnapping or assult charge.

Ever thought of going next door and asking him to stop throwing crap in your yard?

Or better yet, start throwing your trash in with it. Dirty diapers, used tampons, or condoms. Maybe he'll get the hint.

And actually...In some states, the carolinas in specific, I know you can call the crime-stoppers hotline to report a "littering incident".

Answer 7

A better way to handle the problem would be first to address the issue with HIM. If the problem can't be resolved start taking photographs of his trash dumping, file a police report, then sign a warrant for his arrest. Let another law enforcement officer handle the actual arrest!

Answer 8

State sodomy regulations are not any further enforceable. They violate the constitutional liberty interest. in case you carried out a citizen's arrest, you may want to be sued for unlawful imprisonment and trespassing.

Answer 9

Gather evidence with pictures, and report the guy, but don't do anything stupid. If you do something wrong with this citizens arrest thing, you could wind up losing the farm[ your house] in a civil lawsuit.

Answer 10

It depends on the state. In WA, there is no citizens arrest. You could be arrested for unlawful imprisonment (felony) and go to jail.