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 ...
Oh my. Are we going to have citizen ninjas creeping around arresting people?
Actually citizen arrests happen all the time. Like when you’re caught shop lifting and the store security detains you.
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No. Most police do not have powers that exceed the citizen’s. I remember hearing on the Josey the Outlaw https://www.youtube.com/user/JosieTheOutlaw1
that police should not do anything in uniform that citizens may not do. I like that.
Yes. Only arrest the polite.
I knew someone who’s son’s fiance walked into his house drunk. His son and she had a fight. He asked her to leave and she wouldn’t. She went to the fridge and took a beer. He asked her again and she struck him in the head with the bottle. He then physically threw her out. The police came and arrested him. Seems you may not forcibly evict anyone from your home, even if they are uninvited..
He can throw someone who attacks you out.
No.
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.
In Cali, if you hear a noise in your home, arm yourself and confront the burglar holding your tv, the burglar can set down your tv, turn his back on you and walk out the door.
All you can do is give a description to the cops of the event and car, if one was used by the burglar to escape.
You should at least read them the caliber of your gun though.
Of course! When in doubt, arrest the nearest man!
These days most people have a cell phone with a camera. Had he made a video of her being abusively drunk and refusing to leave, things might have worked out better. For one, she might have hesitated to call the cops, worrying that the video might be made public.
If you want to avoid the usual "he said / she said" stalemates, get a video.
seems like it’d be a lot easier if they’d just have an unfortunate encounter with their head and an unseen low doorway or something that would render them unconscious
A very odd article indeed.
Indeed. Importantly, sworn officers posses "sovereign immunity" from prosecution as agents of the state. Regular citizens do not. This is not absolute. But it is a huge difference.
Typically, citizen arrests causes lead poisoning.
“Try to arrest only polite, cooperative criminals. “
What about non-citizens? Illegal immigrants?
Can you shoot their dog as part of the arrest?
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.
I was wondering how long it would take before brought up that episode!
It helps if you look like Don Knotts.
Actually that was Gomer who was making the citizen's arrest in Mayberry.
Citizen? You have NO standing...
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