And if so, what are examples of situations in which you could do this?
2007-03-24 02:45:53 · 12 answers · asked by rockandrollgiraffe 1 in Politics & Government ➔ Law Enforcement & Police
In Canada a citizen can make an arrest if he/she finds someone committing an indictable offence or an indictable offence in relation to their property.
So that would mean you could:
Arrest someone who is trying to steal your car, or just smashed out a window in your garage or has stolen your wife's purse. Police must be contacted immediately and the person can be held until the police get there. You can you whatever force is reasonable to hold the person until police get there. You will be held responsible for any excess use of force (smashing someone's skull in with a shovel for smashing a window in your garage) just like the police would be. In Ontario, you can use force to remove someone who is refusing to leave your property, but you CAN'T arrest them for trespassing and hold them until the police get there.
You CAN'T arrest someone on reasonable grounds. For example, arrest someone you see walking on the street who smashed your window last week. You CAN'T arrest someone wanted on a warrant.
2007-03-24 03:04:36 · answer #1 · answered by joeanonymous 6 · 0⤊ 0⤋
1
2016-06-10 15:40:38 · answer #2 · answered by Wendy 3 · 0⤊ 0⤋
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 strictly liable before both the civil law and criminal law for any violation of the rights of another.[1] 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.[2] 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.
2007-03-24 02:55:26 · answer #3 · answered by katjha2005 5 · 0⤊ 0⤋
Yes, any citizen can make a citizen's arrest ... BUT ...
If you are wrong ... You can be held liable for false arrest.
In most jurisdictions you can not detain your "prisoner" without a charge of unlawful imprisonment.
You might be liable for damages if the causes financial damage to the arrestee without due cause (found not guilty)
Want to try it? Go for it! Hopefully you will not spend the next 5 to 10 years in Civil Court!
Just because you have the right to affect a citizens arrest ... does not absolve you of liabilities concerned! Tread VERY carefully! Law Enforcement agencies have legal teams at the ready ... do you?
2007-03-26 14:17:32 · answer #4 · answered by ornery and mean 7 · 0⤊ 0⤋
Yes anyone can make a citizen's arrest. A classic example is a ticket for driving on the roadway illegally. If you see a wako driving like a numnut on the roadway you can call the police and tell them about the driver. Give them location, plate, and car type, and the police will investigate. At that point tell them you want to sign a complaint against the driver. They will pull over the vehicle and issue a summons to the driver based on your observations of the drivers behavior, but then you need to attend the court date and testify that you witnessed the driver do what he was summons for. Thats the most basic Citizen's Arrest. I have not accually encountered an arrest for drugs, murder, or rape but I believe that if you report it and have the person in your hands then yeah a citizen has the right to place anyone under arrest but they need proof, and have to come to court
2007-03-24 02:54:07 · answer #5 · answered by TEFMLB 3 · 0⤊ 2⤋
In reality, Hypo's right. For crimes (Felonies and misdemeanors) a citizen can basically hold a person for the police to come. The most common example of this would be security guards at a store. They aren't police, but will effect an arrest and hold until the municipal police come.
2007-03-24 03:55:19 · answer #6 · answered by zebj25 6 · 0⤊ 0⤋
The ability to make a citizens arrest varies state to state. Here in Wisconsin you cannot make a citizen's arrest. It is better to check your local law before thinking about making one.
2007-03-24 05:21:10 · answer #7 · answered by Andy 2 · 1⤊ 0⤋
I think citizens arrest is just a fancy term for "it's legal for you to jump on top of someone you see committing a serious crime and keep them from escaping until the cops arrive, or if you have to, drag their *** to the police station."
2007-03-24 03:27:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
well that could be dangerous. But yes you can. But I'd not try to make a citizens arrest on someone who looks like "Snoop Dog," Or "Fifty Cents!"
2007-03-24 03:16:20 · answer #9 · answered by Anonymous · 0⤊ 0⤋
arrest a citizen
2007-03-24 02:48:51 · answer #10 · answered by Anonymous · 0⤊ 3⤋