what is a citizen's arrest, really?

[chad]

been hearing a lot about "citizen's arrest" locally. everyday people empowered to stop people in the act of committing a crime is how i take it.

if people stepped up to the plate, wouldn't doing this eliminate the need for about 90% of what cops do?

interested in hearing some opinions on the matter and some legal explanations as well, i don't have a real clear understanding on the matter.

[po boy]

Here you go.
I agree if people stepped up there would be very little need for the police.
Then again you may see some HOA types going on a spree.
If we returned only to enforcing only common law crimes that would reduce the need for most of the law enforcement industry imho.
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CONSTITUTIONAL BUSINESS

Published By Citizens' Justice Programs

Post Office Box 90, Hull, Massachusetts 02045
Citizens' Arrest
By David C. Grossack, Constitutional Attorney

Common Law Copyright © 1994
All Rights Reserved

Not long ago the politically correct Boston Globe noticed a "shocking" new trend. It seems as if some citizens of Massachusetts were so fed up with crime that they have begun to intervene in petty street crime afflicting the streets of our cities. Thieves and pickpockets in Massachusetts should exercise caution in where and how they ply their craft as the chances that vigilantes pummel them and drag them to the nearest cop are definitely on an upswing. While the Globe is shocked at this healthy trend, students of the law should note that both a statutory and common law basis for a certain degree of "vigilante behavior" is well founded. Indeed, in an era of lawlessness it is important that readers be advised as to their lawful right to protect their communities, loved ones and themselves by making lawful citizens' arrests. The purpose of this essay is to simply explain the law and the historical context of the citizen's arrest.

First, what is an arrest?

We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).

Historically, in Anglo Saxon law in medieval England citizen's arrests were an important part of community law enforcement. Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages of their jurisdiction. From this legacy originated the concept of the posse comitatus which is a part of the United States legal tradition as well as the English. In medieval England, the right of private persons to make arrests was virtually identical to the right of a sheriff and constable to do so. (See Inbau and Thompson, Criminal Procedure, The Foundation Press, Mineola, NY 1974.

A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizens arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. A random sampling of the various states as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.

In the most crime ridden spot in the country, our nation's capitol, District of Columbia Law 23- 582(b) reads as follows:

(b) A private person may arrest another -

(1) who he has probable cause to believe is committing in his presence -

(A) a felony, or

(B) an offense enumerated in section 23-581 (a)(2); or

(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest.

(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L. 91-358, Title II, § 210(a); 1973 Ed., § 23-582; Apr. 30, 1988, D.C. Law 7-104, § 7(e), 35 DCR 147.)

In Tennessee, it has been held that a private citizen has the right to arrest when a felony has been committed and he has reasonable cause to believe that the person arrested committed it. Reasonable grounds will justify the arrest, whether the facts turn out to be sufficient or not. (See Wilson v. State, 79 Tenn. 310 (1833).

Contrast this to Massachusetts law, which while permitting a private person to arrest for a felony, permits those acquitted of the felony charge to sue the arresting person for false arrest or false imprisonment. (See Commonwealth v. Harris, 11 Mass. App. 165 (1981))

Kentucky law holds that a person witnessing a felony must take affirmative steps to prevent it, if possible. (See Gill v. Commonwealth, 235 KY 351 (1930.)

Indeed, Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code § 37; S 43, §44.)

Utah law permits citizen's arrest, but explicitly prohibits deadly force. (See Chapter 76-2-403.)

Making citizen's arrest maliciously or without reasonable basis in belief could lead to civil or criminal penalties. It would obviously be a violation of a suspect's civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score.

Civil lawsuits against department stores, police departments, and even cult deprogrammers for false imprisonment are legend. Anybody who makes a citizens arrest should not use more force than is necessary, should not delay in turning the suspect over to the proper authorities, and should never mete out any punishment ... unless willing to face the consequences.

As the ability of the powers that be to hold society together and preserve law and order diminishes, citizen's arrests will undoubtedly be more common as a way to help communities cope with the wrongdoers in out midst.
The author is an attorney in private practice in Boston.

[chad]

the part i don't get is "how you do it." cops arrest people because there are 5 of them swarming a guy & beating the shit out of him all while being 2 seconds away from shooting them. how do you "citizen arrest" someone and get them down to the police station? ask politely? this is the part that puzzles me.

[midnight rambler]

You taze 'em and cuff 'em.

Really though, I'm not the least bit concerned with misdemeanors, like with the couple in Sacramento recently who tried to do a 'citizen's arrest' on some guy for leaving his two ankle-biters in his car parked in the shade of a tree for a few minutes while he grabbed a ready-made sandwich to go. The only thing that I'd be concerned about is some kid OBVIOUSLY being abducted (deadly force can be used in cases of aggravated kidnapping in Texas). I learned my lesson over 20 years ago not to intervene between a man and woman getting into it, even though it may *appear* to be really bad.

[BrewTech]

the part i don't get is "how you do it." cops arrest people because there are 5 of them swarming a guy & beating the shit out of him all while being 2 seconds away from shooting them. how do you "citizen arrest" someone and get them down to the police station? ask politely? this is the part that puzzles me.

I made an arrest once... dude broke into my car in my driveway (broad daylight, lol) took my wallet (left in glovebox... dumb) and rode away on his bike. When I followed him in my car, he started to ride away faster, so I ran into his rear wheel, and down he went. I got out, and he ran. I gave chase and kicked his feet out from under him. Put a knee to his neck and held him down. Guy in a truck stopped and I told him the dude just broke into my car. He called the cops and they pulled up, as thy had been in the neighborhood looking for this guy for about two hours. They saw the condition of his bike and informed me that his rear wheel my have been damaged while going off a curb, right? When chasing someone that has just committed a crime, one must do what they have to to stop them, they said.
He was charged with several felony counts of theft and vandalism as he had been working the area all morning, breaking into cars and spray painting people's garage doors.

[chad]

do most states have some sort of law protecting you from being sued? what if you tackle the guy and he chips his tooth? can you then be sued by the guy?

[po boy]

do most states have some sort of law protecting you from being sued? what if you tackle the guy and he chips his tooth? can you then be sued by the guy?

You can be sued for anything, anytime will it go anywhere?
Check your statutes. Just a hunch but I doubt you would have the same immunity as the police.
I would not attempt an arrest on someone unless they harmed or were trying to attack me and even then I would be hesitant.

[palani]

As there are no peace officers or public officials anymore EVERY arrest is a citizens arrest. Copicemen get no free ride because they choose to dress alike.

I am sure this observation will confuse some people but then that is how the system got to where it is now anyway.

[horseshoe3]

From what I have read, citizens arrest is impractical in my state. Technically it's allowed, but has no teeth.

You are not allowed to physically restrain the crook. You are only allowed to brandish a weapon if you fear for your life. Obviously, if he is running away you don't fear for your life. The best you can do is follow him until the police join and take over the pursuit. Or you can try to sound authoritative and convince him to go with you peacefully.

[mrnhtbr2232]

...They (the police) saw the condition of his bike and informed me that his rear wheel my have been damaged while going off a curb, right?

There is a perfect example of what's wrong with cops. You may have been satisfied at the time, but stop to think about this for a moment. A police officer's job is to enforce the law, not look the other way or lie about it. This is the genesis root of the problem. What he was telling you is don't worry about hitting the guy with your car and being liable because they wanted the dirtbag so you get a pass.

But what if the shoe was on the other foot and it was you that was in a situation, the police arrived, and then they casually denied you a civil judgment (since running into someone one a bike with a car is normally not seen as a legitimate act by a private party). The cop in question would then falsify his report and perhaps even commit perjury if the situation was investigated. And all the while it's Ok because you were the victim.

Look, I'm not denying reality here and anyone that breaks into your car deserves to be punished. But I think the biggest problem with reigning in law enforcement is the fact that when it's in the interests of others (in this case you) people look the other way and it fosters the same behavior by LEOs later when they deal with people who may or may not be guilty. It's a sad commentary on modern life when asking the police to be honest is too much. You did advise the perpetrator you were placing him under citizen's arrest, right? If not, you can thank your dishonest police friend for sparing you a legitimate lawsuit.