Citizen’s Arrest: Questions and Answers

If you witness a Felony crime and call, the Police in some States do not need you to sign a citizen’s arrest form, and you become only a witness.

You can also file a Police report against someone who has committed a crime against you.  A Police Detective will investigate the alleged crime, file the charges with the City Attorney and have that person brought to justice.     

Q: can I use force when making a citizen’s arrest?

A: any person can use any force necessary and reasonable to make a citizen’s arrest.  It is safe to say that if you decide to try to apprehend someone for committing a crime and physical force is used against you, then you have the right to defend yourself and use a reasonable amount of force necessary to affect the arrest.

Q: what do I do next after I make a citizen’s arrest?

A: once you have made a citizen’s arrest, it is your responsibility to deliver the suspect to the proper authorities in a timely manner and without any unnecessary delays.

Q: what are the legal responsibilities, civil liabilities and dangers of making a citizen’s arrest?

A: making a citizen’s arrest without cause, spitefully or maliciously can lead to civil suits or criminal violations.

You are not held responsible for making a false arrest if you reasonably believe a crime was having occurred or is about to occur.  For example; you see someone climbing through a broken window of a house, and you arrest that person only to find out it is the owner of the house who locked himself out.    

If too much force was used, intentionally used or was used without cause to subdue the suspect or the suspect was held in unsafe conditions or was delayed being turned over to the authorities you could be held liable and criminally charged.

Suspects have rights and a private person cannot violate those rights and must uphold the same rights, and civil liberties as a Police Officer would.

The dangers of making a citizen’s arrest can be costly.  Your safety is number one, and you never know whom you are up against when making a private person’s arrests.  That person could have a weapon, a catchy disease or be violent.  I think of the man who tried to stop gang members from spraying graffiti on a wall, and they shot him to death.  Store clerks who chase shoplifters out of the store and are beaten, stabbed or killed over a pack of cigarettes.  Neighbors who constantly annoy each other to the point where one finally crosses the line and ends up in a law suit or in jail for committing a crime.  

Conclusion

It is no secret that Law Enforcement and the community work together to combat crime.  There are proper ways to make a citizen’s arrest and understanding your State laws is necessary so you do not make a mistake.

In my opinion, and the best advice I can give when it comes to making a citizen’s arrest is just being a good witness.  Call the Police or fill out a report but do not try to take someone into custody on your own.  It is much safer and easier if you believe crimes have been committed or are about to be committed to calling the Police and report it.  The Police will respond and stop that person, investigate and make the proper judgments according to the law.

Article also posted on Bukisa.com by Scott Hallock