2007-03-01 18:31:55 · 11 answers · asked by dandyl 7 in Politics & Government ➔ Law & Ethics
just don't kill them...
2007-03-01 18:34:40 · answer #1 · answered by Anonymous · 1⤊ 1⤋
none.. citizen's arrest is not what it seems to be.. Not really legal to do either.. You could find yourself behind bars instead or as well. And if you hurt them they can sue you.
Yes, It sucks...
United States
All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are liable before both the civil law and criminal law for any violation of the rights of another. In the United States, the police do not have to determine the legality of the citizens arrest and this practice has been greatly criticized.
North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons. [1] These statues apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person whom they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent.
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Dear Yahoo!:
How do I make a citizen's arrest?
David
Elko, Nevada
Dear David:
We can tell you with full confidence that it is a very, very bad idea to try to drag someone down to the police station on your own. As the good Trooper Ness of the Illinois State Police says:
When you sign or make a complaint against someone for an infraction of the law, you are in affect "arresting" them...I cannot recommend that you try and "arrest" someone by restraining them physically, as you may be subject to liability if you do that. Work within the system by filing your charge with a police department or States Attorney with jurisdiction.
Needless to say, attempting to manhandle someone renders you vulnerable to all kinds of nasty lawsuits, in addition to physical harm. The police department in Arroye Grande, California, offers this helpful four-step guide to Making a Citizen's Arrest:
1. Notify police upon observing a crime.
2. Provide police with information to assist in identifying the violator.
3. Sign the complaint form. (After this, most cases are concluded without your further involvement.)
4. Appear in court when requested by the District Attorney's Office.
The lesson? The telephone is mightier than the sword.
2007-03-02 02:51:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depends on what the crime is and what force he is using. We have concealed carry in our state. We are told in no uncertain terms we are NOT policeman. We are only allowed to defend our friends, loved ones, employees. Of course, nothing is said about pistol whipping. But better make sure you are right and then go ahead. They can still sue, no matter if you are right or not. If you kill them, it's 10 grand even if they were stabbing your grandma. Grand Jury, no matter what. Lawyer fees.
2007-03-02 02:44:41 · answer #3 · answered by khogantwo 1 · 0⤊ 0⤋
i tried doing this to my wife a few years ago and the cops still arrested me for "spousal abuse"...she was smashing our house but the law says i have no right to stop her from doing anything as it was her house too and she can smash everything and i could not restrain or prevent her in any way.
if a man would do this he would end up arrested..well i got arrested anyway and i had to get a lawyer and go to court..and a lot of b. chit to clear my name...over thousand bucks plus i had to go to anger management for ten sessions...duh?
I would be very careful with citizens arrest..but i think you can hold a criminal but not kill them unless your life is threatened...very iffy proposition
2007-03-02 02:39:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A reasonable amount. And you take the risk of being wrong.
Police only get the added protection of immunity when then act properly.
2007-03-02 03:33:39 · answer #5 · answered by tallthatsme 4 · 0⤊ 0⤋
as long as no ones lookin and theres no cameras id say beat the **** outts em and leave em in an ally
2007-03-02 02:35:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Your not the police. Don't use any force, or you may be sued.
2007-03-02 02:34:20 · answer #7 · answered by beyondthelimit 5 · 0⤊ 0⤋
WHAT EVER FORCE IS NECESSARY, BUT I WOULD NOT SUGGEST YOU DO IT, YOU CAN CALL POLICE AND MAKE
THE ARREST IN THEIR PRESENCE
2007-03-02 02:36:15 · answer #8 · answered by intel541 1 · 0⤊ 0⤋
None
2007-03-02 02:33:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Depends, as unlawful confinement and assault are crimes.
2007-03-02 02:35:16 · answer #10 · answered by ★Greed★ 7 · 0⤊ 0⤋
not alot if it is the first time
2007-03-02 02:35:09 · answer #11 · answered by Ran C 2 · 0⤊ 0⤋