Difference between revisions of "Make a Citizen's Arrest"
m (Text replacement - "[[Category:L" to "[[Category: L") |
|||
| (4 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
| − | + | In the United States, a private person can stop or “arrest” an individual engaged in a serious crime. You can also use reasonable force to hold them until law enforcement arrives on the scene.<ref name="rf17711">http://ktla.com/2014/11/15/woman-places-target-employee-under-citizens-arrest-after-alleged-peeping-incident-in-canyon-country/</ref> This is known as a “citizen’s arrest.” The rules on when and how an individual may conduct a “citizen’s arrest” varies from state to state. It's important to understand the laws in your region, especially since you can be prosecuted for improperly conducting a citizen's arrest.<ref name="rf17712">http://www.wkow.com/story/10773852/citizens-arrest-gone-wrong</ref> Decide if you should make a citizen's arrest, make the arrest, and avoid prosecution. | |
| − | [[Category:Legal Matters]] | + | [[Category: Legal Matters]] |
== Steps == | == Steps == | ||
=== Deciding Whether to Make a Citizen's Arrest === | === Deciding Whether to Make a Citizen's Arrest === | ||
| − | #Witness a crime taking place. It's not a good idea to make a citizen's arrest unless you've actually seen a crime happening. When the police arrive, you will have to provide "probable cause" for making the arrest. This means you'll have to show that you had a reasonable belief that the person you arrested committed a crime.<ref>http://www.lectlaw.com/def2/p089.htm</ref> | + | #Witness a crime taking place. It's not a good idea to make a citizen's arrest unless you've actually seen a crime happening. When the police arrive, you will have to provide "probable cause" for making the arrest. This means you'll have to show that you had a reasonable belief that the person you arrested committed a crime.<ref name="rf17713">http://www.lectlaw.com/def2/p089.htm</ref> |
#*For example, if you see a person use a knife to stab another person, you've seen a crime and can detain the perpetrator. | #*For example, if you see a person use a knife to stab another person, you've seen a crime and can detain the perpetrator. | ||
| − | #Determine whether the crime is a felony. In most states, it's legal to make a citizen's arrest when you see or have reasonable cause to believe that a person committed a felony, even if the felony was not committed in your presence.<ref>Cal. Pen. Code § 837.</ref> Citizen's arrests are not usually legal when the crime committed is only a misdemeanor.<ref>http://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html</ref> Since the definition of a felony varies slightly from state to state, it's a good idea to read up on your state's individual laws. The following is a list of crimes that are typically a felony<ref>18 U.S. Code § 3559</ref>: | + | #Determine whether the crime is a felony. In most states, it's legal to make a citizen's arrest when you see or have reasonable cause to believe that a person committed a felony, even if the felony was not committed in your presence.<ref name="rf17714">Cal. Pen. Code § 837.</ref> Citizen's arrests are not usually legal when the crime committed is only a misdemeanor.<ref name="rf17715">http://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html</ref> Since the definition of a felony varies slightly from state to state, it's a good idea to read up on your state's individual laws. The following is a list of crimes that are typically a felony<ref name="rf17716">18 U.S. Code § 3559</ref>: |
#*Murder, rape, or assault resulting in bodily injury | #*Murder, rape, or assault resulting in bodily injury | ||
#*Theft of more than $500 worth of property | #*Theft of more than $500 worth of property | ||
| Line 12: | Line 12: | ||
#*Hit and run | #*Hit and run | ||
#*Arson | #*Arson | ||
| − | #Decide if the crime was a "breach of peace." In some cases, you may make a citizen's arrest for misdemeanors if the misdemeanor can also be considered a breach of peace.<ref>http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html</ref> Misdemeanors that are considered breaches of peace in some states include public brawling or public intoxication.<ref>http://www.legalmatch.com/law-library/article/breach-of-the-peace.html</ref> | + | #Decide if the crime was a "breach of peace." In some cases, you may make a citizen's arrest for misdemeanors if the misdemeanor can also be considered a breach of peace.<ref name="rf17717">http://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html</ref> Misdemeanors that are considered breaches of peace in some states include public brawling or public intoxication.<ref name="rf17718">http://www.legalmatch.com/law-library/article/breach-of-the-peace.html</ref> |
#*If you arrest someone for committing a crime that falls into this category, you must have seen the crime firsthand. | #*If you arrest someone for committing a crime that falls into this category, you must have seen the crime firsthand. | ||
#Decide if you can safely make a citizen's arrest. Be sure you can physically restrain the person you want to arrest before you try to. Misunderstanding your physical capabilities may put you or others in harm's way. If you make a citizen's arrest, the situation could easily escalate beyond your control. | #Decide if you can safely make a citizen's arrest. Be sure you can physically restrain the person you want to arrest before you try to. Misunderstanding your physical capabilities may put you or others in harm's way. If you make a citizen's arrest, the situation could easily escalate beyond your control. | ||
#*Remember to think hard before making a citizen's arrest, especially if the perpetrator is armed. | #*Remember to think hard before making a citizen's arrest, especially if the perpetrator is armed. | ||
#Be prepared to accept the consequences. Be sure you fully understand the circumstances in which you can make a citizen’s arrest. You may want to research the rules specific to your state. If so, contact a lawyer through your State Bar Association or local law enforcement office. | #Be prepared to accept the consequences. Be sure you fully understand the circumstances in which you can make a citizen’s arrest. You may want to research the rules specific to your state. If so, contact a lawyer through your State Bar Association or local law enforcement office. | ||
| − | #* If it turns out you didn't have grounds to make the arrest, you could be sued for false imprisonment, assault and battery and other torts.<ref | + | #* If it turns out you didn't have grounds to make the arrest, you could be sued for false imprisonment, assault and battery and other torts.<ref name="rf17717" /> You may also face criminal charges. Don't make a citizen's arrest unless you're willing to face these risks. |
=== Making the Citizen's Arrest === | === Making the Citizen's Arrest === | ||
#Tell the person you're making a citizen's arrest. There are no specific words you must say, but you must make it completely clear that you are making a citizen’s arrest. The person you're arresting must fully understand what's happening. Explain to the potential criminal ''why'' you are making a citizen's arrest. If you cannot provide him or her with this information, then you shouldn't be making the arrest. | #Tell the person you're making a citizen's arrest. There are no specific words you must say, but you must make it completely clear that you are making a citizen’s arrest. The person you're arresting must fully understand what's happening. Explain to the potential criminal ''why'' you are making a citizen's arrest. If you cannot provide him or her with this information, then you shouldn't be making the arrest. | ||
#*Leave it to the police to read the person his or her rights. For now, you only need to say that you're making an arrest. | #*Leave it to the police to read the person his or her rights. For now, you only need to say that you're making an arrest. | ||
| − | #Detain the person using reasonable force. You can only use the amount of force required to detain the person until the police arrive. Using a greater amount of force exposes you to legal trouble. Be careful not to harm the perpetrator unless it's absolutely necessary.<ref | + | #Detain the person using reasonable force. You can only use the amount of force required to detain the person until the police arrive. Using a greater amount of force exposes you to legal trouble. Be careful not to harm the perpetrator unless it's absolutely necessary.<ref name="rf17717" /> |
| − | #Call and deliver the suspect to law enforcement. Call law enforcement right after the person is detained. Some statutes in states like California and Minnesota require that a person take the arrested individual before a judge or peace officer “without unnecessary delay.”<ref | + | #Call and deliver the suspect to law enforcement. Call law enforcement right after the person is detained. Some statutes in states like California and Minnesota require that a person take the arrested individual before a judge or peace officer “without unnecessary delay.”<ref name="rf17714" /> |
| − | #* But, if you try to transport a suspect on your own and you conducted an improper citizen’s arrest, you may be subjected to a lawsuit for false imprisonment.<ref>http://c.ymcdn.com/sites/www.sanantoniobar.org/resource/resmgr/imported/CitizensArrest.pdf</ref> | + | #* But, if you try to transport a suspect on your own and you conducted an improper citizen’s arrest, you may be subjected to a lawsuit for false imprisonment.<ref name="rf17719">http://c.ymcdn.com/sites/www.sanantoniobar.org/resource/resmgr/imported/CitizensArrest.pdf</ref> |
#Ask someone to stay with you. If you can't deliver the suspect or your state doesn't need you to, ask a third party to stay with you. Wait for law enforcement to arrive. If possible, avoid watching the person you’ve arrested alone. Having a third party help you detain the person is best for everyone's safety. | #Ask someone to stay with you. If you can't deliver the suspect or your state doesn't need you to, ask a third party to stay with you. Wait for law enforcement to arrive. If possible, avoid watching the person you’ve arrested alone. Having a third party help you detain the person is best for everyone's safety. | ||
#*The third party may be helpful in making sure the encounter doesn't get violent and might be able to serve as a witness. | #*The third party may be helpful in making sure the encounter doesn't get violent and might be able to serve as a witness. | ||
| Line 30: | Line 30: | ||
=== Avoiding Prosecution === | === Avoiding Prosecution === | ||
| − | #Don’t make an arrest if you didn't see the crime. While you may think you have all the evidence you need to believe someone has committed a crime, your understanding of the events may be wrong. Don't make a citizen's arrest if you overhear someone talking about robbing a bank. If you're wrong, you may be at fault. Call the police instead.<ref | + | #Don’t make an arrest if you didn't see the crime. While you may think you have all the evidence you need to believe someone has committed a crime, your understanding of the events may be wrong. Don't make a citizen's arrest if you overhear someone talking about robbing a bank. If you're wrong, you may be at fault. Call the police instead.<ref name="rf17717" /> Always remember, an improper citizen’s arrest can result in prosecution for crimes like kidnapping.<ref name="rf17720">http://www.telegraph.co.uk/news/uknews/2213254/Frank-McCourt-a-former-soldier-charged-for-makling-a-citizens-arrest.html</ref> |
#*For example, just because you see a crowd of people chasing a suspect or a victim asking for help, doesn't necessarily mean you have grounds to arrest someone. | #*For example, just because you see a crowd of people chasing a suspect or a victim asking for help, doesn't necessarily mean you have grounds to arrest someone. | ||
| − | #Don’t arrest someone you believe is about to commit a crime. The crime must have already happened in order for you to legally make an arrest. Don't arrest someone if the crime hasn't yet been committed. Call the police instead.<ref | + | #Don’t arrest someone you believe is about to commit a crime. The crime must have already happened in order for you to legally make an arrest. Don't arrest someone if the crime hasn't yet been committed. Call the police instead.<ref name="rf17715" /> |
| − | #Don’t use excessive force. Even the police are not allowed to use excessive force when taking a suspect into custody, so you, as a private citizen, should be especially careful about this. Otherwise, you may be charged with battery, even if the suspect you apprehend is guilty of a crime. The use of deadly force is usually not allowed unless the perpetrator is attacking you or someone else.<ref | + | #Don’t use excessive force. Even the police are not allowed to use excessive force when taking a suspect into custody, so you, as a private citizen, should be especially careful about this. Otherwise, you may be charged with battery, even if the suspect you apprehend is guilty of a crime. The use of deadly force is usually not allowed unless the perpetrator is attacking you or someone else.<ref name="rf17715" /> |
| − | #* Don't use a weapon against the perpetrator when you can use your own strength.<ref>http://www.nbcphiladelphia.com/news/local/Man-Makes-Citizens-Arrest-With-Gun-Montgomery-County-210437051.html</ref> For example, you can tackle someone to the ground rather than hitting him or her. | + | #* Don't use a weapon against the perpetrator when you can use your own strength.<ref name="rf17721">http://www.nbcphiladelphia.com/news/local/Man-Makes-Citizens-Arrest-With-Gun-Montgomery-County-210437051.html</ref> For example, you can tackle someone to the ground rather than hitting him or her. |
| − | #Don't make a citizen's arrest if you could easily call the police instead.<ref>http://extension.umd.edu/learn/can-i-make-citizen%E2%80%99s-arrest</ref> As a private citizen, it’s not your job to make arrests. If it is at all possible, you should always leave policing to those who have a legal authority to do so--the police. Otherwise, your actions might put you, the alleged perpetrator and the general public, at risk. | + | #Don't make a citizen's arrest if you could easily call the police instead.<ref name="rf17722">http://extension.umd.edu/learn/can-i-make-citizen%E2%80%99s-arrest</ref> As a private citizen, it’s not your job to make arrests. If it is at all possible, you should always leave policing to those who have a legal authority to do so--the police. Otherwise, your actions might put you, the alleged perpetrator and the general public, at risk. |
#* Your actions may also be viewed as vigilantism, which is not legally protected action. | #* Your actions may also be viewed as vigilantism, which is not legally protected action. | ||
#Keep the detained suspect safe. Once you have detained someone, you are responsible for what happens to the person while he or she is under your control. Make sure they are not in the road, where they could be hit by a car, and make sure they are protected from onlookers who might try to attack them. | #Keep the detained suspect safe. Once you have detained someone, you are responsible for what happens to the person while he or she is under your control. Make sure they are not in the road, where they could be hit by a car, and make sure they are protected from onlookers who might try to attack them. | ||
| Line 49: | Line 49: | ||
*By making a citizen's arrest, you're exposing yourself to possible lawsuits or criminal charges (e.g., impersonating an officer of the law, false imprisonment, kidnapping, wrongful arrest, defamation, negligence, battery, etc. ) if you apprehend the wrong person or if you violate a suspect's civil rights. This risk varies considerably from country to country. In the U.S., a citizen's arrest is a legal minefield. Dealing with a suspect's lawyers is often more dangerous than apprehending the suspect. | *By making a citizen's arrest, you're exposing yourself to possible lawsuits or criminal charges (e.g., impersonating an officer of the law, false imprisonment, kidnapping, wrongful arrest, defamation, negligence, battery, etc. ) if you apprehend the wrong person or if you violate a suspect's civil rights. This risk varies considerably from country to country. In the U.S., a citizen's arrest is a legal minefield. Dealing with a suspect's lawyers is often more dangerous than apprehending the suspect. | ||
*This article is for informational purposes only and not legal advice. If you want to learn more about local rules about citizen’s arrest you may contact a lawyer through your State Bar Association or local law enforcement office. | *This article is for informational purposes only and not legal advice. If you want to learn more about local rules about citizen’s arrest you may contact a lawyer through your State Bar Association or local law enforcement office. | ||
| − | *Some states have laws, known as “Open Carry” laws, which allow individuals to carry firearms in plain view. If you live in a state with “Open Carry” laws, do not conduct a citizen’s arrest on a person practicing his right to lawful open carry. Look for a complete listing of states where “Open Carry” laws are in place.<ref>http://blogs.wsj.com/numbers/map-where-is-open-carry-legal-1715/</ref> | + | *Some states have laws, known as “Open Carry” laws, which allow individuals to carry firearms in plain view. If you live in a state with “Open Carry” laws, do not conduct a citizen’s arrest on a person practicing his right to lawful open carry. Look for a complete listing of states where “Open Carry” laws are in place.<ref name="rf17723">http://blogs.wsj.com/numbers/map-where-is-open-carry-legal-1715/</ref> |
== Related Articles == | == Related Articles == | ||
