What's a citizen's arrest?

I saw it on a tv show. But me and my dad don’t quite know what it is.

Answer #1

Thanks!

We understand now! :)

Answer #2

…hmmm. Can citizens arrest police engaged in unconstitutional activities? What is the consequence if the police resist arrest in such a situation?

Answer #3

You are legally a citizens arrest if you see illegal activities taking place eg. you see someone stealing from a shop. Although you can not touch them which personally I think makes the whole rules a little pointless as there hardly going to listen to you. basically you can say something along the lines of “Stop right there, I’m phoning the police” but what is the likelihood they listen?

Answer #4

That’s right…

Any citizen can withhold a person that is caught doing an illegal act until police arrive. You can lock down a house or building that the person may be in, but as stated before, you can’t physically touch the person (unless he touches you first).

Answer #5

A citizen is allowed to make an arrest in certain instances, as determined by state laws, which vary by state. Making a citizen’s arrest maliciously or without reasonable basis in belief could lead to civil or criminal penalties. It is a violation of a suspect’s civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score.

Because a person making a citizen’s arrest may be subjected to charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest, especially if the wrong person is apprehended or a suspect’s civil rights are violated, the following guidelines are suggested by law enforcement officials:

Notify police upon observing a crime. Provide police with information to assist in identifying the violator. Sign the complaint form. (After this, most cases are concluded without your further involvement.) Appear in court when requested by the District Attorney’s Office. uslegal.com

More Like This
Ask an advisor one-on-one!
Advisor

Kassouni Law

Legal Services, Civil Rights, Politics

Advisor

ROSS & ASMAR Attorneys at law

Immigration Law, Criminal Law, Civil Litigation

Advisor

Paul Darrow

Criminal Law, DWI Defense, Drug Charges