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?
cut
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 ...
BOOKMARK!
So basically you can handcuff them but only if they comply without any struggle?
What a strange article to come out of California.
Most people don’t know that in most states, the police actually don’t have special arrest powers. IOW, citizens have the same arrest powers.
The police though have the state and their union backing them and (generally) know how to use the process better. They also have apparent authority that smooths over the process in many instances.
All of that said, DO NOT ATTEMPT A CITIZEN’S ARREST UNLESS YOU REALLY KNOW THE LAWS AND WHAT YOU ARE DOING.
That’s not legal advice. That’s common sense and dealing with reality!
In an episode of “Adam-12”, Reed and Malloy tell a lady that they cannot arrest a criminal because they did not see the crime occur.
They then gave her instructions on how to make a citizen’s arrest. I think it was as simple as saying, “You are under arrest”.
“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.”
Well, that’s kinda the point of an ARREST, isn’t it?
You’d better have unassailable reason for doing so, yes, and you’d best not violate rights more than necessary in proportion to the purpose of apprehension, yes, but ... “Stop! or I’ll say ‘Stop!’ again!” doesn’t work in the real world.
Do you have to read them their rights?
Posted in News/Current Events.
Which current News Event are you pointing to?
Try to arrest only polite, cooperative criminals.
I did what?!!!! You're gonna what?!!!! I don't think so!!!
Not if you don’t intend to interrogate them. Besides that only really applies to cops.
CC
Hey, I think I got it..........
You want to do a citizens arrest on Hillary !!
Good Luck, She needs to be arrested. The FBI won’t do it.
So, no physical detainment allowed. They can just say, FU! and walk away while you sputter................?
Hey, I think I got it..........
You want to do a citizens arrest on Hillary !!
Good Luck, She needs to be arrested. The FBI won’t do it.
You yell “CITIZENS AY-REST!!!! CITIZENS AY-REST!!!! CITIZENS AY-REST!!!!”
It helps if you look like Don Knotts.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.