can i make a citizens arrest on a police officer?

Question

im just sayin, they're always speeding and turning on their lights to get around traffic and then they cut them off and coast. when they pull you over and you ask them why and they have no reason. then they bring you back your information and tell you to leave. i want to citzen arrest one of them , would it be taken seriously.

Answer 1

It should be taken VERY seriously, but most people accept the fact that police endanger people all the time in irresponsible fashion. We can thank shows such as Walker Texas Ranger and COPS for desensetizing us to their actions. They aren't supposed to carry vendettas, but sadly they do all the time. And usually the people who want to be cops the most were picked on while they were school-aged and are now out to "show the world who's boss". Therefore I wouldn't recommend it.

Answer 2

1

Answer 3

Yes you can arrest a police officer. . But they have to be using excessive force or seriously abusing his/her power. If you have to call 911 and ask them to bring a Supervisor down and then ask them to bring a different agency to the scene. You should have another jurisdiction file the report. Once a different agency is involved they cant cover it up that easy. Make sure you have a copy of the reports, and above all else don't give up any evidence like the tape or chip. If you can upload it to a website do that. Make a copy of it. .
A police officer is not above any law. They may think that they are. They have higher standards then a citizens.
In Some states (like Florida) Local , County, and state police actually ticket, arrest and file complaints on each other. So don't think cops get away with it. .

Answer 4

I don't know what Josh is smoking, but yes. You absolutely CAN effect a citizens arrest on ANY individual within the United States. Including Police Officers. But arresting even a private citizen is dangerous, physically and legally, and dicey at best. Make sure you have proof, video and audio recording is advised. And make sure you follow the law, you can't just say you're arresting someone (especially a cop) and use physical force.

Notify them that you are placing them under citizens arrest and request a supervisor. Do NOT attempt to physically detain an officer. While it may be technically legal, there's too much risk to your freedom and safety. If it's local Police, contact the County Sheriffs office or the State Patrol; it's best to file your complaint/make your arrest through another department. Makes it more difficult for the to wiggle out of it.

Know that traffic infractions are not considered 'arrest-able offences', the most you can do is request a supervisor and notify them of the problem, and that you would like to issue a citation (Yes, you can do that too.) Use caution my friend, arresting anyone, like I said, is dicey. An Officer? Very very risky. Makes sure it's absolutely necessary.

Answer 5

Absolutely not !! I'm telling you this as a Police Officer myself. What you can do is be a good witness and go directly to the police station and speak to a supervisor on duty and let him know what happened. Most patrol cars have video in them, they should review this to see if a crime has been committed. Also follow up on the complaint and if you feel nothing has been done there is always the city attorney you can speak with. Also the handcuff thing would be the biggest mistake you could ever make, you would be charged with assault, and probably get you tased.

Answer 6

Pulling you over without cause is an automatic felony! See title 18 u.s.c section 242 on the FBI website. Unlawfully detaining an individual violates a constitutional right to travel. And since all officers carry a service weapon while committing a felony it is an automatic 10years in Federal Prison. Most states have a penal code for citizens arrest. google it for your state. You can always use your authority under the Nineth Amendment as well.

Answer 7

First of all, turning on roof lights unnecessarily would not be considered an arrestable offence. You also can't arrest someone for doing their job.

If you tried to arrest a police officer for one of the things listed in your question it would be considered an assault and you would be the one getting arrested. So the answer is yes, it would be taken very seriously by the officer.

Answer 8

You cannot arrest anyone for a traffic violation. No, it would not be taken seriously. You'd be known as Gomer Pyle for the rest of your days.

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.
http://en.wikipedia.org/wiki/Citizen's_arrest

Answer 9

Angel D

You cannot make a citizen's arrest for a traffic violation.
AND CGIV76 is right


Note to Josh:

An off duty cop is STILL certified as a police/peace officer and an off duty arrest is NOT a citizen's arrest.

A citizen's arrest is an arrest made by a person who is NOT a certified police/peace officer.

Examples:

Arizona Revised Statutes
13-3884. Arrest by private person
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

Nevada Revised Statutes
171.126 Arrest by private person. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
(Added to NRS by 1967, 1402)


North Dakota
29-06-20. When private person may arrest. A private person may arrest another:
1. For a public offense committed or attempted in the arresting person's presence.
2. When the person arrested has committed a felony, although not in the arresting
person's presence.
3. When a felony has been in fact committed, and the arresting person has reasonable
grounds to believe the person arrested to have committed it.

So there are three states, and 47 more states have similar laws, hardly a "myth". You should really learn at least a little about the laws if you are going to enforce them.

Answer 10

Absolutely!!! What a brilliant thing to do! They carry guns and night sticks in menacing ways. They hit people with those night sticks. And they have pepper pray.

Also, the good thing about a citizen's arrest is that you won't have to bring your own handcuffs!!! Just take them off the police officer. And if the officer resists, just take his gun or night stick away and use them on him. I'm sure he won't mind. Why a police officer is the ideal person to arrest, because he has a belt full of great things you can use to arrest him with. Why it's so convenient, you don't even need to plan or even think about it! When the mood strikes you, don't think! Just do it! Grab that cop by the arm, take his gun and use his cuffs to take him in.

And you can use his police car, too. Just put him in the back. With the police car, you can get on the radio and let all the other police officers know what you are doing. That way they might not shoot you dozens of times for kidnapping one of their own. By using the patrol car radio, I'm sure the other officers won't think you are completely and totally insane and blow your brains out (assuming there are some in there). It's also good to let them know so they don't arrest you for kidnapping, assault on a police officer, false imprisonment, stealing a police vehicle, and numerous other felonies for which they would otherwise arrest you.

Good luck. I suspect you may need it.

Answer 11

Technically yes, but in the real world, you are liable to start trouble for yourself which will be ongoing. Every patrolofficer in the area will be out to nail you on something, even if it is spitting on the sidewalk, or jaywalking. Do you really want this kind of trouble just for the priviledge to make a citizen's arrest?