Can a person still make a citizens arrest?

Answer 1

Yes if you want to take the chance of getting your @ss kicked or worse--Shot!

Answer 2

fewcw does a pretty good job on making the point blunt. A lot of a citizen arrest comes down to location, location, location. Many states have shun-ed away from a citizen arrest in an effort to save people from civil and criminal liability. If you make a citizens arrest and you were not valid in that arrest you could look at unlawful criminal restraint charges. I don't know about you but I'm not really crazy about getting sued.

Often states allow you to make arrest on felony's only. My question to you is why would you want to? These are the more serious crimes and a reason why I, and other law enforcement officer's are summoned to handle these calls. Besides if your not crazy about testifying in court you stand a better chance not to get a subpoena based on observations, vs I as an officer telling the jury, "the suspect was already placed in custody by X on my arrival".

I often witness many crimes occur off duty and as an officer I do not make any arrest off duty. Only a few select scenarios I would do so, but even in those situations I would wait until the last possible minute to do so as these would require immediate backup if available.

Answer 3

Citizens may make "citizens" arrests just as officers can make the more "formal" arrest. The citizen is, however, still obligated by law to have the same requirements to make the arrest and police officers to include "legal standing" and be prepared to use only the minimum amount of force necessary to make the arrest.

To make an arrest one must have probable cause that a criminal offense occurred by the person being arrested.

Additionally, it is always recommended that instead of making the citizens arrest, contact the police or local law enforcement agency. The police are more attuned to handling arrests than the average citizen.

Best wishes.

Answer 4

yes,....

but the citizen required by the law to do the same formalities that the police does. example the citizen would still have to articulate probable cause ( a reasonable belief that a crime has been committed and that the person is linked to the crime with a degree of certainty.) though reasonable suspicion ( a crime as ben commited are about to be commited or the the safty of the officer and the public) can lead to probable cause and that can lead to an arrest.

the problem lies if the arresting citizen gets it wrong in any little detail. in turn the arrestee can sue the arresting citizen in civil court for a whole host of liabilities. such civil judgements are enforced via forced personal asset sales, garnishments, perfected leins, no relief under bankrupcy law, added on penalities/costs for skip tracing and private detective services for seeking one out.

another problem, should the arrest go bad and with out formal police traning, the citizen making the arrest can get hurt or worst yet injuring the arrestee and have no legal standing for the citizens arrest. most property insurence companies do not cover such claims.

Answer 5

You can but in this day and age you best have a good reason to not utilize local law enforcement. Legally even now as a citizen your right is to detain and swear out a complaint.

But if you can not defend it you may be open to a civil lawsuit. Say if someone breaks into your house, your family is at peril, you wound them and you are cleared you can still be sued.

But the basic law is that you are free to call the police, declare an arrest and the local government must process that person as if an officer brought the charge.

It is complicated and you have to prove everything.

Answer 6

Yes. Some states or cities have laws about misdemeanors or felonies, but if you have enough evidence, then a citizen's arrest is allowed.

In WA state, a citizen can only make an arrest for a felony, because officers cannot arrest unless a misdemeanor has been committed in their presence, but can arrest a felony not committed in their presence.

Answer 7

In Canada a citizen can make an arrest if he/she finds someone committing an indictable offence or an 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.

Answer 8

Yes but......The problem is your can arrest someone but you cannot detain them without a warrant because that's false imprisonment.
Gets confusing since we created police forces to act as our agents and get the bad guys instead of us.
Add to that some police departments actually consider citizen involvement as obstruction.
Use your cell phone to get a picture and call the police.

Answer 9

First, you should check with a police agency in the State you reside in....

Most, if not all states, permit citizens arrests for FELONIES only. If they are misdemeanors, and u are REALLY interested in having someone arrested, make sure you take down all the particulars you can...Race, sex, heigth, clothes worn, scar, tatooes, etc. If a car is involved...make.model.lic number, etc

If it turns out you can make a FELONY make sure u know what a FELONY is.....

Answer 10

Yes, but it is very risky. You can get hurt, be charged with false arrest, and many other things. It is not worth the trouble, just to boost your ego. Leave the job of law enforcement to those trained to do it.

Answer 11

In WI, for felonies only.

Unless the misdemeanor is against your own property - for example, seeing someone stealing your bike, or if you are at work and you see someone stealing your employer's stuff.

But, if you see a neighbor's stuff getting stolen, you can't arrest.