citizen arrest laws?

Question

Can I leave from wisconsin to louisianna to make a citizens arrest on someone for non payment of child support? They have a warrent in Wi and child support wont do any thing to go go get him.He's at least 6K behind if that helps.

Answer 1

No, first citizen arrest is not real in all aspects of the law, since you can't use any force on them and you can't take them anywhere, only ask them to stay where they are at for the police.

Next often on child support, which is family court, the arrest warrant is a bench warrant and either the state issueing the warrant will not pay to bring them back, or they two states do not have agreements on child custody or payments and the second state will not honor the warrant of the other states.

LA has very unique laws, they are based on the French system of justice not the English commom law,.

So basicly allyou would do is get yourself arrested for false imprisonment or assult most likely.

If the local LA cops won't do anything, call the local DA in the area he is out and find out what is going on.

But as a officer in GA, we often got someone that had a warrant and just let them go becaue the state with the warrant would not pay for him to come back

Answer 2

1

Answer 3

[edit] 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.

Answer 4

Common law and most State laws provides a citizen with extensive powers to make an arrest without a warrant for felonies and "breaches of peace" committed in the citizen's presence, or on probable cause for past felonies providing they have been actually committed.

The State of Louisiana, whose law is based on Napoleonic Code rather than on English common law, is an exception. In recent years, Louisiana laws have been brought in line with those of other States, but they still contain significant differences which CrimeFighters operating in the State
of Louisiana should keep in mind. Unless they are familiar with Louisiana State laws and Napoleonic Code, CrimeFighters should seek the advice of a lawyer before attempting citizen arrests.

Answer 5

Any citizen could make a voters arrest. "Arrest" potential to detain without consent. in case you carry directly to somebody on an identical time as the police are called, you have made an arrest. interior the occasion you gave, in case you sense which you're able to detaining the guy, then go forward and do it. whilst the police get there, he would be taken into custody. whilst it is going to court docket, it is going to likely be your be conscious as an eyewitness against his and his many alibis. If the choose reveals him responsible, he would be punished. Now right this is the problematical area: If the choose reveals him not responsible, he will sue you in civil court docket for fake imprisonment (i.e. he will go after your money). If he's harm in case you're arresting him, he will press expenditures in criminal court docket for attack and battery (i.e. he will have you ever arrested). regulation Enforcement officers are secure against all and sundry of those expenditures offering they have been appearing in overall performance of their sworn responsibilities. you at the instant are not. So, on an identical time as making a voters arrest is your outstanding as an American Citizen, it somewhat is risky and staring on the circumstances could desire to be unlawful. Be very specific of your actual information and your motivation earlier attempting it.

Answer 6

well first off sorry to hear that, louisiana follows what they call napoeleonic code law, your best bet is to call the county or city where they live and ask them what law they have on citizens arrest.talk to county prosecutor or a judge and be sure to let them know that you reside out of state. differant states have differant laws governing this action.I know in tennessee where i live anyone can go to the county and swear out a warrant before a court appointed representative to the court. be sure to have any documentation that they require if they also allow this and if arrested you must appear in court as a witness.

Answer 7

no! you are wasting your time if you think that you, personally can go and make citizens arrest! laws differ from state to state! report the wherabouts of this person, if you know, to the atuhorities in the other state, and they will track him down!

Answer 8

No. If you attempt it, you'll be committing false arrest and liable to him for civil damages. He might sue you for, oh, at least 6K.