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To: yarddog
As an example, a lady sees a man puncture a tire on her car. It will cost 150 dollars to replace the tire. She tells an officer that she saw the guy do it, but the officer cannot make an arrest for a misdemeanor not committed in his presence. (*) So, she has to tell the guy he is under citizen's arrest for vandalism.

But changing the scenario, she sees the guy break her car window, reach inside and steal a necklace worth 5,000 dollars. The officer can make the arrest on probable cause.

(*) However, going back to the first instance, if they guy who punctured her tire was a juvenile, and she told the officer she saw him do it, the officer can take the juvenile into custody. She would not have to make a citizen's arrest.

27 posted on 05/17/2016 7:37:03 PM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: Respond Code Three
She tells an officer that she saw the guy do it, but the officer cannot make an arrest for a misdemeanor not committed in his presence. (*) So, she has to tell the guy he is under citizen's arrest for vandalism.

And watch the perp walk away before the cop gets there.

she sees the guy break her car window, reach inside and steal a necklace worth 5,000 dollars. The officer can make the arrest on probable cause.

Again, assuming the guy has not wandered off and is out of sight.

Whole thing is patently useless unless you have the means to detain.

37 posted on 05/17/2016 8:29:21 PM PDT by doorgunner69
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