How do you go about doing it? Any more details would be nice.
2007-10-11 14:12:38 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It means you can detain another citizen until the police arrive to make the arrest. You can only use the force necessary to detain the person until the police arrive at the scene. That means you can't hold them at gun point when they don't have a weapon for trespassing in your yard, but you can sit on them to make them stay.
2007-10-11 15:11:05 · answer #1 · answered by Steven C 7 · 1⤊ 0⤋
If a citizen sees a person committing a crime, he or she has the right to use reasonable force to detain the person until the police arrive.
You do not have the right to take the law into your own hands, or use brutality to detain the person, or to punish the person. No matter what he or she did.
A good guideline is "if you called the police and reported that someone was doing whatever you are doing a citizen's arrest for, would they come out?" Someone spitting on the sidewalk, or kids stealing apples from a tree, do not cut it.
That right to do a citizen's arrest still exists. America is NOT a police state.
In fact, I would argue that doing a citizen's arrest is not a right, it is a responsibility. However, the police themselves often warn people not to endanger themselves.
The police are disciplined professionals. We aren't.
2007-10-11 21:24:11 · answer #2 · answered by Pagan Dan 6 · 3⤊ 1⤋
If you are even thinking about performing a citizens arrest, PLEASE check the actual laws in your state first. Many, if not most police officers are not familiar with the actual laws. Very few, if any private citizens are. The answer above mine is probably true where steve c is an officer. It is NOT true in all states.
2007-10-11 22:14:43 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
Warning be very careful how you approach this arrest. You do
have the right, but do you know the law. Many people act on perception and not facts of law. What you perceive to be illegal may not be by the confines of the law. KNOW WHAT THE CHARGE IS. If you don't call the police and let them determine the crime. Also beware that criminals that don't want to get caught can and will take dangerous measures to avoid being caught. Know what you re getting into could lead to injury.
2007-10-11 21:42:02 · answer #4 · answered by makin_way 1 · 1⤊ 2⤋
Every citizen has the same authority to arrest someone as a police officer does.
They actually get the authority from us.
You risk your butt, however, if you're wrong or if you can't prove what you accuse them of.
2007-10-11 21:18:59 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Don't waste your time trying it. The slime cops will take the
guilty one's side and make you out to be the criminal.
2007-10-11 21:26:59 · answer #6 · answered by ? 6 · 1⤊ 2⤋