Citizens Arrest

[rickjump1 0]

Anyone ever perform a citizens arrest? What circumstances? How legal is one?

Do your part for global warming: ban beans and hold all popcorn farts.

[Lindsey 0]

Who are you fixin' to slap the handcuffs on Rick? lol... I didn't know you were into that.

linz

--
A conservative is just a liberal who's been mugged. A liberal is just a conservative who's been to jail

[cvfd1399 0]

It has to be a felony in louisiana for you to perform one, and even if it is it is frowned upon by the law enforcement unless it is paramount that you had to do it to prevent a death/injury, or the person escaping. If not call them with as much info and let them see what they can do. It is not worth your life to try it over a stupid crime.

[rickjump1 0]

Quote

Who are you fixin' to slap the handcuffs on Rick? lol... I didn't know you were into that.

linz

I really don't have some hidden rage to arrest and handcuff anyone. Not just yet.

Do your part for global warming: ban beans and hold all popcorn farts.

[AggieDave 6]

I've wanted to before, but there's no damned way I will even ever attempt to do a citizen's arrest. You're asking to be sued.

Now I have followed someone while on the phone with the cops then filed a report with the police on what I saw (drunk drivers, twice). That's just being a concerned citizen without taking the law into your own hands. Perfectly legal and you keep well away from lawsuit type situations.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[mr2mk1g 10]

Yes, a number actually. Although we always tried to make sure it wasn't an arrest - just asking them to "voluntarily" accompany us. Only if they were resisting was it actually an arrest... but yes I’ve made a few full blow citizens arrests.

But this was in the UK where I know the rules and the worst they’re going to be carrying is a knife. Which again I’ve had to deal with as part of a team. That involved the guy getting kicked repeatedly in the head until he let go of it.

Circumstances were always either part of a security team in a large shopping outlet or on my own when I’ve personally witnessed the shoplifting. If I were on my own I’d always have called for backup over the radio I carried before stopping them.

The legality in the UK is that citizens have a power of arrest where an arrestable offence has been committed. This is EXACTLY the same power of arrest a police officer has except for one key distinction in that the police officer may make the arrest where he has reasonable suspicion whilst civilians only have a power of arrest where there has actually been a crime committed.

(ie, if I arrest someone and it later turns out they didn’t commit an offence – I had no power of arrest and thusly acted unlawfully. PC's on the other hand would have had the power - so long as they reasonably suspected the offence to have taken place, even if it didn't).

That kinda sucked – thus the requirement that we had to be very sure about our actions before we did anything and also why we always tried to make it a “voluntary accompaniment”. You’d be surprised how many people when confronted by a big guy like me simply say “ok” and go with you to the security office – that’s voluntary and thus not an “arrest”.

Remember what I said above is re the UK, NOT the USA, the laws are NOT the same.

[AggieDave 6]

Quote

nd the worst they’re going to be carrying is a knife.

Huh. You hope atleast...have you seen the stats about the UK and guns lately?

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[nacmacfeegle 0]

"have you seen the stats about the UK and guns lately?"
Ah, different, MrM2,has done a bit of research into the cause of that, and also the victims....
Basically, yes its rising (but not where I live, its actually decreasing), its all down to gangs shooting gangs.
Dave, you carry, you and I both know why, I can't argue with your logic, and I don't have a problem with it (your reason for carrying).
However, its not that big an issue with us folks, it may become an issue if the gun crime starts to spill into 'normal life', until then, I don't see any party floating relaxation of gun control as an agreeable manifesto. Until then it just won't happen.
Now we return to your normal service, sorry for the temporary side track.

--------------------

He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson

[mr2mk1g 10]

There's a risk wherever you are. For the kind of theft I was referring to, risk in the UK is low. People who steal Pokemon cards and CD's are unlikely to be carrying.

Remember the thread where I described taking on 2/3 little shits breaking into a car outside of my house? You expressed concern that they may have been carrying… concern that quickly turned to amusement when I told you they were trying to steal a 1990 1lt. burgundy Rover Metro that smelled of grandparents.

The trick with shop theft is stealth and not setting off the barrier alarms with the gun you’re carrying. The vast majority of shoplifters here run rather than pulling a weapon, the item they’re stealing simply isn’t worth it.

In the instances where members of the public do come into contact with firearms here it is in crimes involving confrontation, such as muggings.

[Douva 0]

Quote

Basically, yes its rising (but not where I live, its actually decreasing), its all down to gangs shooting gangs.

That's pretty much the same scenario as in the U.S. A big part of our high gun crime rate is the result of gangland shootings. Contrary to what most Europeans and many Americans believe, ordinary people are not regularly gunned down on the streets of every US city on a daily basis.

More on topic, I believe the laws in Texas are similar to the laws MrM mentioned for the UK--You can make a citizens arrest if you KNOW a crime has been committed, but you'd better not be wrong or you're guilty of detaining somebody against his/her will.

I don't have an M.D. or a law degree. I have bachelor's in kicking ass and taking names.

[PhillyKev 0]

Quote

I've wanted to before, but there's no damned way I will even ever attempt to do a citizen's arrest. You're asking to be sued.

No shit. My bro caught some guy rummaging through the tool box in his truck. He beat the crap out of the guy and was going to call the cops, but realized he'd probably get locked up or sued so gave him a couple more whacks and chased him off.

[skycop 0]

Just remember the following phrase "I was in fear of him (the bad guy) causing me serious physical injury or death, that's why I hit, stabbed, shot, punched, kicked, or otherwise whooped him".........
Sometimes I've had to lead good citizens into those words to prevent me from placing the hapeus grabbus upon their person.
Don't EVER start out "......I was pissed off and......"

"Just 'cause I'm simple, don't mean I'm stewpid!"

[chuckbrown 0]

They're generally legal, but you had better be right about the crime that's been committed. The police have immunity if they have probable cause to believe a crime was committed and the arrestee committed it. If it turns out they arrested the wrong guy, too bad for him. Private citizens, on the other hand, don't have immunity if they arrest the wrong guy. If you perform a citizen's arrest on somebody who didn't commit a crime you're looking a false imprisonment complaint, even if you had a good faith belief that the arrestee committed the crime.