Citizens Arrest?


LiquidG

Banned
Sorry i'll keep my "latino" bickerings off the threads, sorry if i affended anyone.:ashamed:
 

kwo51

New member
When the time comes to make a citizens arrest just do it. The life you save my be your own. Sorry this is not 50 lines!
 

kwo51

New member
When the time comes all bets are off. the little lady with a ccw in wallmart that stopped the kife attack with her gun is a good thing. She got involved . Felony was being committed. She was just in line watching it go down. Thank God for people willing to get involved. Young vic. is still with us.
 

BikerRN

New member
The "myth" of Citizen's Arrest is folly at best and could prove financially devastating or deadly at worst.

Leave the arresting to the "On Duty" LEO's, that's what they get paid for. Mas, Massad Ayoob, covered this in his book, In The Gravest Extreme. If you own a gun for defense I strongly suggest you buy and read that book. My copy is from the 1980's and I read it yearly. It's a little "dated" but it still holds true today.

Biker
 

festus

God Bless Our Troops!!!
Good words from a great source

The "myth" of Citizen's Arrest is folly at best and could prove financially devastating or deadly at worst.

Leave the arresting to the "On Duty" LEO's, that's what they get paid for. Mas, Massad Ayoob, covered this in his book, In The Gravest Extreme. If you own a gun for defense I strongly suggest you buy and read that book. My copy is from the 1980's and I read it yearly. It's a little "dated" but it still holds true today.

Biker

This is advice you can take to the bank!:icon_arrowl:
 

kwo51

New member
I read it over and over and still feel wtshtf in your presents all bets are off.Mas is great and if I see him at a shoot here I will ask him.
 

Ruger Lady

New member
I'm wondering if people truly know what entails a "citizens arrest". As I understand, it means YOU must take the BG into custody then take him/her to the police. We're not talking about holding a BG while waiting for police to arrive. I'll post part of the New York Law.
Now this is just PART of the law but it give you a fair idea of what you'd be getting into.

S 140.30 Arrest without a warrant; by any person; when and where authorized.
1. Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
2. Such an arrest, if for a felony, may be made anywhere in the
state. If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.

S 140.35 Arrest without a warrant; by person acting other than as a
police officer or a peace officer; when and how made.
1. A person may arrest another person for an offense pursuant to
section 140.30 at any hour of any day or night.
2. Such person must inform the person whom he is arresting of the
reason for such arrest unless he encounters physical resistance, flight
or other factors rendering such procedure impractical.
3. In order to effect such an arrest, such person may use such
physical force as is justifiable pursuant to subdivision four of section
35.30 of the penal law.

S 140.40 Arrest without a warrant; by person acting other than as a
police officer or a peace officer; procedure after arrest.
1. A person making an arrest pursuant to section 140.30 must without
unnecessary delay deliver or attempt to deliver the person arrested to
the custody of an appropriate police officer, as defined in subdivision
five. For such purpose, he may solicit the aid of any police officer
and the latter, if he is not himself an appropriate police officer, must
assist in delivering the arrested person to an appropriate officer. If
the arrest is for a felony, the appropriate police officer must, upon
receiving custody of the arrested person, perform all recording,
fingerprinting and other preliminary police duties required in the
particular case. In any case, the appropriate police officer, upon
receiving custody of the arrested person, except as otherwise provided
in subdivisions two and three, must bring him, on behalf of the
arresting person, before an appropriate local criminal court, as defined
in subdivision five, and the arresting person must without unnecessary
delay file an appropriate accusatory instrument with such court.
 

toreskha

Titles are un-American.
There's no reason to do a citizen arrest, and it's too risky for most people undertake in most situations. Part of the point of having a police force is to take liability off citizens for issues that are legally complex. It's not worth paying a lawyer and going through the hassle, and then possibly having something on your record.

If someone is threatening you or someone else with deadly force, you can shoot them in self-defense. If they run away, let the cops track them down. If they fall, let them lie there until the cops show up. If you're very confident and don't want to shoot them, then beating them into submission is always a possibility.

If someone is just committing a crime (vandalism, trespassing), your best bet is to take pictures if possible and call the cops. If they run, let them run.

I don't even see a real reason for citizen arrests; they mostly just seem like a good way to get sued or end up in jail.
 

BikerRN

New member
All of which is going to happen if you shoot! He was such a good little boy.

Yes it is, but I am concerned with how something will appear to someone not smart enough to get out of jusry duty.

For me, forgive me for sounding like an Insurance Agent or an attorney, it's about limiting my exsposure to liability, both criminally and civilly.

Biker
 

toreskha

Titles are un-American.
All of which is going to happen if you shoot! He was such a good little boy.
If you have a really good reason to make a citizens arrest, then it must be one in which your life is in danger, which means you can fire in self-defense, which means there's no arrest. If it's not a life-threatening situation, then it's not a big deal.
 

kwo51

New member
That was my point,after 2 rounds cm and he is still alive place him in citizens arrest. Over kill could be a problem.
 
all this depends on the state that you live in. In NC, there is no power for a citizen to arrest anyone. There is a limited right to "detain". A private citizen can use force to detain, but not deadly force. You can even restrain people, presumably with handcuffs, but it would be really stupid. I am not a big fan of MASS Ayoob, but he said a private citizen arresting or pursuing someone was like a dog chasing a car. what do you do with him if you were able to catch/"detain"him? It is a very bad idea. As I say, in NC, it would be against some law or the other in almost every case.Just be as good a witness as you can. If a criminal wants to leave, then he is free to leave.
 

Canis-Lupus

New member
USA Carry Longest running thread?

Good God Almighty,
I started this thread on 04-19-2008, almost 8 months ago! 2,850 views!
Like some vampire it is back from the dead and still got 50 different answers
that directly correlate to the 50 states giving loads, some or no rights
to a pistol packing do-gooder, who thinks their gun is the only way to effect anything
but a world of hurt that will prolly jail 'em for 10-20 and the BG walks in 3 then sues
the armed citizen for $10,000,000. Sheesh! :no:
Staying out of re-posting, so let's hear it all over again. :yu:

Canis-Lupus
 
Last edited:

Ryan H

New member
As far as "brandishing" goes here in FL, it depends on the circumstances. My neighbor's 3 dogs got loose and tried to attack me a few months ago. I was outside and my immediate reaction to 3 dogs running at me growling was to draw my pistol. I drew it and walked backwards into my door with it aimed at them, then closed the door. My neighbor saw this and called the police, who showed up and then called Animal Control and took his dogs. They took the liberty to inform me I did the right thing however next time I need to draw my weapon, to immediately call them when a free moment is reached.
 

Jay

New member
As far as Indiana goes...... here's what Indiana law says......... and this information does not require a debate, multicolor posts, verbosity, or any response, other than, "gee, I could've looked that up myself."

In Indiana, deadly force can be employed to prevent the occurrence of a forcible felony..... and citizens arrest is viable if a felony, or some misdemeanors are witnessed.

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.

(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an
occupied motor vehicle, a person is justified in using reasonable
force against another person if the person reasonably believes that
the force is necessary to immediately prevent or terminate the other
person's trespass on or criminal interference with property lawfully
in the person's possession, lawfully in possession of a member of the
person's immediate family, or belonging to a person whose property
the person has authority to protect.


Indiana Code 35-33-1-4:

Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
 
Last edited:

toreskha

Titles are un-American.
Good God Almighty,
I started this thread on 04-19-2008, almost 8 months ago! 2,850 views!
Like some vampire it is back from the dead and still got 50 different answers
that directly correlate to the 50 states giving loads, some or no rights
to a pistol packing do-gooder, who thinks their gun is the only way to effect anything
but a world of hurt that will prolly jail 'em for 10-20 and the BG walks in 3 then sues
the armed citizen for $10,000,000. Sheesh! :no:
Staying out of re-posting, so let's hear it all over again. :yu:

Canis-Lupus
This will probably still be going well into 2009.

The concept of a citizen's arrest is really a solution to a problem that shouldn't exist. If it's a life-threatening situation, you shoot them. They'll either keep advancing until they die, run away, or (as is usually the case) simply pass out.

If it's not a life-or-death situation, then this is a null issue. The chances of having an exception to the rule are so slim that having that option to act on is probably far more dangerous to yourself from a legal standpoint.

Erring on the side of simple safety means that one is a lot less likely to end up on the wrong side of the law.
 

wuzfuz

New member
Citizen's Arrest

In Arizona, where I was trained, the only difference between a citizen and a police officer when it comes to powers of arrest is that only a police officer may arrest on a warrant. In a citizen's arrest, Miranda does not apply, since you will not be interrogating the subject in a custodial setting. If you make a citizen's arrest, you may use a reasonable amount of force to restrain the person until the police arrive and take over. One should be very careful of the grounds when they decide to make a citizen's arrest, because, just as with a police officer, you will have to appear in court to explain to the judge your actions. If you are wrong, the person you arrested may sue you in civil court. The police officer has legally recognized immunity from prosecution for official acts, and you do not. A citizen's arrest, if made at all has to be for very serious misdemeanors or lower felonies. Take smoking in any room used as a classroom. This is a Class 2 misdemeanor, which means you can go to jail for 90 days. A citizen's arrest for this will be laughed at, most likely, as an LEO will write a citation for it,ifthey see it. If they don't, there is nothing they can do, because it was not in their presence. What might happen is the LEO will write the citation, and have you sign it as the arresting officer (party). More likely, they will talk to both of you and try to get you to shake hands and each go your own way.
 

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