Welcome to the APBWeb.
Results 1 to 12 of 12
  1. #1
    Retmilleo909 is offline Banned
    Join Date
    10-17-06
    Location
    NW Georgia
    Posts
    1,065
    Rep Power
    0

    Have you ever made a citizen's arrest?

    As provided under the 9th. ammendment, a citizen of the US, except NC, (in NC a citizen can detain/hold a suspect til an officer of the law arrives to make the arrest) can arrest another citizen if he/she witnesses the commision of a felony and that the felon may inflict bodily harm to himself or another, damage property, or escape if an arrest is not made.
    Personally, I wouldn't recommend that a person make a citizen's arrest unless he/she was aware of the possible consequences involved in making such an arrest. Among them being, sued for false arrest, violaton of civil rights, defamation of character, impersonating a LEO, bodily harm or mental anguish, Etc.
    Also, the arrestor better be prepared for a as the arrestee may not take lightly of being physically arrested by a non-LEO.

  2. #2
    BEB
    BEB is offline Banned
    Join Date
    11-27-06
    Posts
    1,838
    Rep Power
    0
    No I haven't and I'm not likely to. Even if I did sit on someone until the police arrived I think I'd avoid actually using the words "citizen's arrest". Imaging saying them brings to mind lawsuits.

    In the current age with cellphones everywhere things are a bit different than in previous times. Unless breaking up a physical altercation I'd call it in, say "send Esteda over" and follow at a discreet distance. Any legal complications to that? Can't see why there would be, but better to ask.

  3. #3
    Norm357's Avatar
    Norm357 is offline Corporal
    Supporting Member Lvl 2
    Join Date
    12-24-05
    Location
    Atlanta
    Posts
    975
    Rep Power
    983676
    Yes, many. Back in my younger, dumber days, I was head of security for Nalley Motor Companies. I have arrested wanna be car thieves, people entering an auto,people trespassing, and once, I arested a gay man for stabbing his lover in one of my parking lots.

    Back in the day, the Atlanta Police Dept loved me.
    dlefdal said:
    Ummmm, what if I don't like thumbs in my butt?

  4. #4
    Jackalope's Avatar
    Jackalope is offline Yell O
    Join Date
    11-12-06
    Location
    Right on the Left Coast
    Posts
    1,100
    Rep Power
    277441
    I kind of wish I had, once.

    I was at the coast with my girlfriend (now my wife) and we decided to walk out over the bridge that crossed the bay. As we were walking on the sidewalk, a northbound car crossed the center line and crashed into the sidewalk near where we were walking.

    The passenger got out holding a mostly empty bottle of liquor, tripped, and fell on top of the bottle. The driver got out after him and started walking away. After I determined that the passenger wasn't seriously hurt, I chased down the driver.

    I got him to stop, and tried to get him to return to the car. He was too drunk to make much sense, but he knew he was in trouble and was determined to run away from his problems.

    About that time, the first officer was approaching the bridge. I turned my back on the driver to flag down the officer. I told the officer I had the driver there with me, and that he was very drunk. The officer decided to continue on to the crash site, and when I turned back around, the driver was gone.

    While I generally wouldn't encourage people to make a citizen's arrest, I kind of wish I had done something more in that case. I'm not sure if the police were able to find the driver while he was still drunk.
    "I'm not a coward,
    I've just never been tested
    I'd like to think that if I was,
    I would pass"
    ~Mighty Mighty Bosstones~

  5. #5
    Retmilleo909 is offline Banned
    Join Date
    10-17-06
    Location
    NW Georgia
    Posts
    1,065
    Rep Power
    0
    Quote Originally Posted by Jackalope View Post
    I kind of wish I had, once.

    I was at the coast with my girlfriend (now my wife) and we decided to walk out over the bridge that crossed the bay. As we were walking on the sidewalk, a northbound car crossed the center line and crashed into the sidewalk near where we were walking.

    The passenger got out holding a mostly empty bottle of liquor, tripped, and fell on top of the bottle. The driver got out after him and started walking away. After I determined that the passenger wasn't seriously hurt, I chased down the driver.

    I got him to stop, and tried to get him to return to the car. He was too drunk to make much sense, but he knew he was in trouble and was determined to run away from his problems.

    About that time, the first officer was approaching the bridge. I turned my back on the driver to flag down the officer. I told the officer I had the driver there with me, and that he was very drunk. The officer decided to continue on to the crash site, and when I turned back around, the driver was gone.

    While I generally wouldn't encourage people to make a citizen's arrest, I kind of wish I had done something more in that case. I'm not sure if the police were able to find the driver while he was still drunk.
    Good work Jack!!...You did the best you could under the circumstances.

  6. #6
    Retmilleo909 is offline Banned
    Join Date
    10-17-06
    Location
    NW Georgia
    Posts
    1,065
    Rep Power
    0
    Quote Originally Posted by Norm357 View Post
    Yes, many. Back in my younger, dumber days, I was head of security for Nalley Motor Companies. I have arrested wanna be car thieves, people entering an auto,people trespassing, and once, I arested a gay man for stabbing his lover in one of my parking lots.

    Back in the day, the Atlanta Police Dept loved me.
    Good work!!

  7. #7
    jato's Avatar
    jato is offline Deputy Sheriff
    Join Date
    12-21-06
    Location
    San Diego County
    Posts
    233
    Rep Power
    42888
    PC§ 834. Arrest: An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

    PC§ 837. Private Person Arrest: A private person may arrest another:
    1. For a public offense committed or attempted in his presence.
    2. When the person arrested has committed a felony, although not in his presence.
    3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

    PC§ 839. Aid to Arrest
    Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.

    PC§ 841. Duties on Arrest
    The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.
    The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.
    In California, Private Person Arrests (aka Citizens Arrest) are made very frequently by private security and loss prevention types. I have made many in the past working loss prevention.

  8. #8
    10-42Adam's Avatar
    10-42Adam is offline Major
    Supporting Member Lvl 3
    Verified LEO
    Join Date
    09-24-06
    Location
    Delaware
    Posts
    5,928
    Rep Power
    200413
    Quote Originally Posted by Jackalope View Post
    I kind of wish I had, once.

    I was at the coast with my girlfriend (now my wife) and we decided to walk out over the bridge that crossed the bay. As we were walking on the sidewalk, a northbound car crossed the center line and crashed into the sidewalk near where we were walking.

    The passenger got out holding a mostly empty bottle of liquor, tripped, and fell on top of the bottle. The driver got out after him and started walking away. After I determined that the passenger wasn't seriously hurt, I chased down the driver.

    I got him to stop, and tried to get him to return to the car. He was too drunk to make much sense, but he knew he was in trouble and was determined to run away from his problems.

    About that time, the first officer was approaching the bridge. I turned my back on the driver to flag down the officer. I told the officer I had the driver there with me, and that he was very drunk. The officer decided to continue on to the crash site, and when I turned back around, the driver was gone.

    While I generally wouldn't encourage people to make a citizen's arrest, I kind of wish I had done something more in that case. I'm not sure if the police were able to find the driver while he was still drunk.
    Hopefully they ran a check on the plates and determined who the owner and/or driver was. That, and get the drunk passenger to tell you the name of the driver and you've got yourself some good information!
    Calm Like A Bomb...

    A pessimist sees difficulty in every opportunity. An optimist sees opportunity in every difficulty.
    -Winston Churchill

  9. #9
    Jackalope's Avatar
    Jackalope is offline Yell O
    Join Date
    11-12-06
    Location
    Right on the Left Coast
    Posts
    1,100
    Rep Power
    277441
    Quote Originally Posted by 10-42Adam View Post
    Hopefully they ran a check on the plates and determined who the owner and/or driver was. That, and get the drunk passenger to tell you the name of the driver and you've got yourself some good information!
    Yeah, they probably did get him eventually. But if enough time had passed for him to sober up, they would have had a hard time getting him for DUI. Fortunately, Hit and Run is a more serious crime than DUI here.
    "I'm not a coward,
    I've just never been tested
    I'd like to think that if I was,
    I would pass"
    ~Mighty Mighty Bosstones~

  10. #10
    TXPO710's Avatar
    TXPO710 is offline Dumb ole' Cowboy
    Verified LEO
    Join Date
    10-03-06
    Location
    Texas
    Posts
    390
    Rep Power
    197841
    Can we make them fill out the papperwork?

  11. #11
    Piggybank Cop's Avatar
    Piggybank Cop is offline Nobody important.
    Join Date
    05-17-06
    Location
    Richmond VA
    Posts
    2,207
    Rep Power
    645058
    No; however I have made a few US Army arrests.

    Freeze, that is an order.

    We are the thin blue line
    between you
    and all the money in the world.

    And no you can't have any.

  12. #12
    J-WS6 is offline What Willis was talking about
    Join Date
    01-21-07
    Posts
    134
    Rep Power
    5577
    There is a big difference between making a Citizen's arrest and detaining somebody for the cops.

    If you make a citizens arrest, you will be signing your name on the affidavit, which you will have to write. You will also be booking said person into a jail.

    Detaining somebody means holding them until LE gets there, and maybe signing a statement as a witness.

    Two different things.

    I once had one of those "Cop Watch" weenies try to citizen's arrest me while I was on duty. He was met with a swift trip to county with an obstruction charge.

 

 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. PC bitten as he made arrest
    By Standard Dave in forum In the News
    Replies: 4
    Last Post: 06-14-07, 12:33 PM
  2. Replies: 4
    Last Post: 03-28-07, 09:45 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •