If a police officer has broken the law and you witnessed it… can you do a citizens arrest and arrest him with handcuffs. What would happen if the police officer resisted and instead fought you? You would lose because it would be considered as if you assault him. What do you think?
2007-02-10 09:43:08 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
As the other posters stated, contact the officers supervisors or I.A.
You did not mention the crime you witnessed. In the state of Texas, a Citizens can only make a Citizens Arrest for a Felony or a Breach Of the Peace. A Citizen can also detain someone to prevent theft. If none of those apply, then you have committed a crime and are subject to the punishment.
Make sure you know the law before making a Citizens Arrest on anyone, not just Police Officers. You are likely to find yourself in more trouble then the offender you witnessed.
I'm sure most other states are similar.
2007-02-10 11:59:46 · answer #1 · answered by thanson73 4 · 3⤊ 0⤋
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2016-06-11 18:09:17 · answer #2 · answered by Gisela 3 · 0⤊ 0⤋
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.
2016-05-25 04:43:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Absolutely not !! I'm telling you this as a Police Officer myself. What you can do is be a good witness and go directly to the police station and speak to a supervisor on duty and let him know what happened.
Most patrol cars have video in them, they should review this to see if a crime has been committed. Also follow up on the complaint and if you feel nothing has been done there is always the city attorney you can speak with.
Also the handcuff thing would be the biggest mistake you could ever make, you would be charged with assault, and probably get you tased.
2007-02-10 09:51:49 · answer #4 · answered by WhatTF 2 · 4⤊ 1⤋
Like others said, go report it to IA. If the cop did do something illegal, trying to restrain him wouldn't work out in your favor. Even if you did handcuff him you WILL face charges. Citizens Arrests are not very effective, putting handcuffs on someone, Police or not, will get you into trouble for holding someone against their will, and depending what you do possibly even kidnapping.
2007-02-10 11:02:13 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Also a Police Officer, I would highly advise against your idea. If you do believe a crime has be committed call the police station and ask for a supervisor or I would also try and contact your counties Sheriffs dept. or as stated before internal affairs. Going back to your handcuffing idea, BAD,BAD mistake to try!!! And being A K-9 handler it would probably be the last time you ever would what to encounter a four legged beast!
2007-02-10 10:00:03 · answer #6 · answered by vin_man00 2 · 1⤊ 0⤋
Yeah go a head Only if you have a death wish. What make you think there breaking the law. If the cop is that corrupt and he is really committing a REAL crime, he will probably shoot your stupid a-- and write himself out of it.
2007-02-10 15:42:37 · answer #7 · answered by watchman_1900 3 · 2⤊ 0⤋
Call the P.D. and speak to someone from Internal Affairs. Don't try to arrest him or you'll get dead !!
2007-02-10 09:49:47 · answer #8 · answered by flstc88 2 · 4⤊ 1⤋
Ha. Wake up man your haveing a night mare .
2007-02-10 09:52:00 · answer #9 · answered by Anonymous · 1⤊ 1⤋
I think you spend alot of time alone at home watching porn.
2007-02-10 16:24:01 · answer #10 · answered by mktk401 4 · 2⤊ 1⤋