how do you make a citizens arrest?

Answer 1

When you have valid proof of a crime being committed or if you are an eyewitness to the crime scene, then you could make a citizen's arrest by warning the culprit of the impending arrest asking him or her to hold still and call for a cop and inform them of your arrest.

Your welcome.

Answer 2

To make a citizens arrest...first and foremost you must be SURE that a violation has occurred IN YOUR PRESENCE!

Insuring there is an offense code on the laws of your state will insure you stand upon legal ground to make such an arrest.

To effect an arrest...one simply states "You are making a citizens arrest for the offense of "

However, in the USA, when performing a citizen's arrest it is advisable not to give a Miranda Warning or caution as this could be construed as impersonating a police officer; instead the arrestor should try to remember and tell the police officers anything the detained person has said.

With that said...it would be best to dial the police and let them make the arrest as they are the professionals. You always have to be concerned with the amounts of force necessary to make the arrest, someone resisting arrest, and any lawsuit filed for false arrest.

By the way...it wasn't Barney Fife that yelled "citizens arrest"...it was Gomer at Walley's Service Station!

Best wishes!

Answer 3

An arrest is taking someone into custody. A person making a citizen's arrest (or a private person arrest as it is called in California) can use reasonable restraint to hold the person. While this may vary between States, the law in California is that a private person arrest may be made if the person saw the arrestee commit a misdemeanor or knows that the arrestee committed a felony.

People who say you can only arrest for a felony, or only for offenses committed in your presence, or only for common law crimes, or that it is illegal, would be wrong in California, and probably in most States. However, I do agree with those who say that it is probably not the best idea. You could be letting yourself in for physical harm (if you are right) and for civil liability (if you are wrong). A person does not have to be arrested to be charged with a crime, and if you know who the person is it is almost always better to make a police report rather than try to attempt a citizen's arrest.

Answer 4

Performing a citizen's arrest brings a lot of problems. You could get into a lot of trouble if you were to violate the rights of the person you were arresting. You don't have the same protections as a "bounty hunter" does. It's best to let a policeman do the job. Or, call a policeman, on the scene and say, "I want to do a citizen's arrest on this man." Cover your ***.

Answer 5

It has to be for a crime which is a common law offence so things like burglary, but not littering. You have to tell the person your making a citizens arrest. You can restrain them, but you better make sure your right that they are the criminal in this litigious day and age. Then call the police and tell them youve made a citizens arrest. You have to be really sure of your facts though.
I wouldnt try it, I would call the cops and hide if truth be known, but Im a girlie with not much muscle.

Answer 6

"Despite the title, the arresting person does not usually have to be a citizen of the country where he/she is acting, as they are usually designated as any person with arrest powers. In the USA, when performing a citizen's arrest it is advisable not to give a Miranda Warning or caution as this could be construed as impersonating a police officer; instead the arrestor should try to remember and tell the police officers anything the detained person has said."

Answer 7

Citizens arrest is an emergency provision and should not be used under normal circumstances. Go to the library and look it up in a law book.

Answer 8

I believe you have to have an Office of the Law present and they have to witness the crime as well. It's not as common now a days but it is certainly still lawful. They usually arrest them first and ask you if you want to prosecute.

However, you CANNOT under any circumstances handcuff anyone on your own. That violates their 1st Amendment Rights then they can have you arrested.

Call the PO PO and get them involved. That's ALWAYS the best and safest way to solve a civilian confrontation.

Answer 9

u grab the person and phone the cops and the same time.
tell them and the felon that u have and r making a citizens arrest and make sure they don't have a weapon BEFORE u make the decision to do it.

Answer 10

very catiously with moden law, however it is posiable to detain someone until the police arive so long as you use reasonable force. in other words if you saw someone trying to kill someone you can do anything including kill the perpitrator to save the victem, however their are loop holes in this that if they try to runaway you must not stab them in the back as that would be murder.

As for catching somone stealing you can catch them and hold them inplace until the police arive just do not imprison them (lock them in a room as this could be clasafied as kidnap.)

I have found that most crocks I have had problems with like to argue thire point and as such will stand outside shouting at me until the police arive.