I cannot find the Florida law that allows a private citizen to make an Citizens Arrest. Help?

Question

I looked it up on Florida's website
http://www.leg.state.fl.us/Statutes/index.cfm?StatuteYear=2006

I cannot find the actual law. I found something about a private citizen can make an arrest if ordered buy another peace officer. Then that citizen has the same rights as that officer when assisting.

But I was told by local county and state LEO's, after making some phone calls that a private citizen, not sworn as an LEO, can make an arrest without prior authorization, if the citizen is witnessing an individual commiting a felony. Then that individual must go by the code of conduct to make a adequate arrest listed under FL Code.

I cannot find this part in the code. Can anyone help? Also, if I run into a person and have it confirmed they have a warrant issued for their arrest, can a private citizen also place them under arrest because of that.

Can I please have some serious answers to this question. Thanks.

FYI:

I am looking for the law in the statutes from the link I provided. That is my question. Thanks.

Answer 1

People can do anything unless prohibited to do so by law.

Gvmt can only do those things that the law specifies that they are allowed to do.

Since there is no law stating you can't make an arrest, you are free to do so.

Just make sure you are not breaking the law yourself.

Answer 2

Citizens Arrest Florida

Answer 3

1

Answer 4

RE:
I cannot find the Florida law that allows a private citizen to make an Citizens Arrest. Help?
I looked it up on Florida's website
http://www.leg.state.fl.us/Statutes/index.cfm?StatuteYear=2006

I cannot find the actual law. I found something about a private citizen can make an arrest if ordered buy another peace officer. Then that citizen has the same rights as that officer when...

Answer 5

It's part of Florida "common law", meaning judges themselves have created a legal precedent for the practice.
You'll have to look up all the relevant cases for documentation establishing that precendent. Constitutionally, it's supported by the Ninth Amendment which indirectly protects the individual's natural right to self preservation and the defense of others.

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.

Answer 6

There are several formal cites the State of Florida uses when discussing "citizens arrest."

One case involves an off-duty FHP officer outside of his official patrol jurisdiction. The Court of Appeals found in favor of the off-duty trooper stating that his powers of arrest were no different than that of a citizen. (See Phoneix v. State)

We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." (See Ex parte Sherwood, 29 Tex. App. 334, 15 S.W. 812).

Ordinarily, private citizens in Florida do not have the "powers of arrest," however, under limited circumstances a private party may make an arrest where an actual commission of a FELONY offense has been commited in their presence.

A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others.

Because of the legalities and liabilities involved you should exercise EXTREME caution prior to making a citizens arrest.

Answer 7

No, its not common law or case law, it is written into the Florida Statutes... Stipulations are, it must be a Felony, you must take the arrested directly to a Judge, not to law enforcement, not the local DA but directly to a Judge. Otherwise you may well face kidnapping charges for violating the statue by not following through with the action properly.

941.14 Arrest without a warrant.—The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant.

Answer 8

For the best answers, search on this site https://shorturl.im/HEPXG

Under common law citizens have the right to place someone under citizens arrest if they witness the commission of a felony in every state except North Carolina. In theory if you witness a police officer commit a felony you have the ability to place him or her under citizens arrest but like most things in life theory and practical application are two completely different things. A police officer willing to commit a felony would most likely have no problem committing other illegal acts against you if you tried to intervene. If you survived you would most likely be charged with a plethora of crimes. The use of restraints such as handcuffs against a citizen or a police officer is ill advised. If you witness the commission of a felony the best thing to do is to call 911 and report the crime, give a police report and if it comes to it testify in court as to what you witnessed.

Answer 9

Criminal Records Search Database : http://InfoSearchDetective.com

Answer 10

www.uscg.mil/d7/d7dl/criminal_law.htm

Maybe this will help