"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.
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."
2007-03-09 07:38:25
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answer #1
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answered by Anonymous
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2016-06-10 17:51:09
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answer #2
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answered by Ronda 3
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The wiki quote is a good general overview. Basically, citizens arrest is not a right, but can be raised as a defense (in certain situations) if the person performing the citizens arrest is charged with or sued for false imprisonment or battery based on the detention.
Going out and tracking someone down does not fall within the normal scope of what a private citizen is allowed to do. That's called being a vigilante.
2007-03-09 07:46:29
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answer #3
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answered by coragryph 7
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[edit] u . s . All states different than North Carolina permit citizen arrests if a legal crime is witnessed by using the citizen ending up the arrest, or whilst a citizen is asked to help comprehend a suspect by using the police. the appliance of state regulations varies broadly with appreciate to misdemeanor crimes, breaches of the peace, and felonies not witnessed by using the arresting social gathering. notice somewhat that human beings don't have the government or the criminal protections of the police, and are responsible earlier the two the civil regulation and criminal regulation for any violation of the rights of yet another. contained in u . s . of america, the police do not could desire to ensure the legality of the voters arrest and this custom has been a great deal criticized. North Carolina usual Statutes do not furnish for citizen arrest, yet as a substitute furnish for detention by using inner maximum persons. [a million] those statues prepare the two to civilians and to cops outdoors their jurisdiction. voters and police could detain any guy or woman whom they have in all probability reason to have self assurance dedicated of their presence a legal, breach of the peace, actual harm to a various person, or theft or destruction of assets. the biggest distinction between an arrest and a detainment is that the detainee won't be transported without their consent.
2016-10-17 23:32:54
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answer #4
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answered by ? 4
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You risk liability for assault, battery, and possibly false imprisonment if you are wrong about your legal conclusions, and possibly if you just do it wrong.
Usual citizens arrest is holding the criminal until the police arrive. Is nonpayment of child support a criminal offense?
Probably better to get a Louisiana lawyer and handle through civil process. Might change if you can get a capias or arrest warrant in WI.
Be cautious & prudent, don't create a liability for yourself.
2007-03-09 07:38:41
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answer #5
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answered by Captain Obvious! 3
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