Posted on 05/17/2016 6:51:09 PM PDT by rey
How does a ‘citizen’s arrest’ work? What are the legal ramifications of it’s being done incorrectly?
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Any citizen in California can make an arrest, said Harry Barbier, a retired San Rafael police officer who now works in private security.
Tell the person they are under arrest and what they are under arrest for. Then call the police, he said.
“You can handcuff them, if you place them under citizen’s arrest and you feel you have to arrest them right then and there before the police get there,” Barbier said.
But be sure you know the law. A person — including a police officer — must witness a misdemeanor crime taking place in order to arrest someone, under most circumstances. It’s not enough to have heard glass breaking and then see three people standing by a shattered window of your vehicle, Barbier said.
More serious felony crimes don’t have to be committed, or attempted, in a person’s presence to make a citizen’s arrest, he said. Be sure you’re not violating the suspect’s rights.
“Do you have the right have to grab a suspect, throw him to the ground and wait for the police?” Barbier said. “The answer is no, not at all.”
(Excerpt) Read more at pressdemocrat.com ...
If they are DRT in your house, there is no need for an arrest.
Well, if they struggle, you could claim “self defense”...
works for the cops, right?
Well first you have to find a citizen, then you have to ....
They are guests of Obama. Consider them to have already received a presidential pardon for what you, with typical American ignorance, wrongly regard as "crimes."
Don't even think about arresting them. Show a little cultural sensitivity for once.
This is how Bounty Hunting works.
You don’t apprehend someone because they owe money. Their collateral and co-signer does that. You can track someone and apprehend them - cuffs and all - and bring them to jail. Be sure you have the right paperwork in your pocket though.
You can’t put a cuff on anyone else (Unless they break a law, such as assault (By touching you, basically) but the smart guys don’t even approach that gator. Judges don’t like people being put in cuff because they punch other people.
The Judge will be harder on you than them.
Agent of the government. You can talk all you want.
Shoot, Shovel, Shut Up.
I didn't get in to that area. I was just describing how the process works.
Citizen arrest authority is governed by state law and varies among states. Some states do not authorize it, so know what your particular state says on the matter.
Excellent point.
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