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Posted: 6/1/2003 5:03:38 PM EDT
Is there such a thing? If so, when you warrented in doing so?
Link Posted: 6/1/2003 5:22:43 PM EDT
[Last Edit: 6/1/2003 5:39:38 PM EDT by caveman]
Of course there is such a thing. Haven't ya seen Gomer "citizens arrest" Barney [:D] Edited to say. Nice to see things haven't changed around here while I've been gone. [:)] Edited again 'cause I Kan'T spell.
Link Posted: 6/1/2003 5:35:42 PM EDT
differs from state to state
Link Posted: 6/1/2003 5:43:23 PM EDT
Tagging this for later.
Link Posted: 6/1/2003 5:46:47 PM EDT
I've heard that it has to be at least a felony grade crime, probably with another witness present (that will testify), and you can be charged with false arrest if it isn't a good collar. Also, if it isn't a good collar and you haul the person off to the police, watch out for a kidnapping wrap, too. At worst, tie the perp up and call the cops. At best, just call the real cops. But like he said, it varies from state to state.
Link Posted: 6/1/2003 6:28:43 PM EDT
Well for Sniper Wolf, in Ohio- it has to be a felony, you are required to take him to a Officer with jurisdiction in order that he face a judge within a reasonable time. You better be right (have a good knowledge of the law) because if your wrong it is unlawful restraint, a crime, and you can also be sued, plus most cops are to stupid to even know about the law(citizens arrest), so you may even run into problems there. It would have to be severe before I would do anything, although I have made a citizens arrest, for a burglary, and the person went to prison for three years(priors). Now Ohio went to felony 5 offences a few years ago, I have no knowledge if they are considered a offence a citizen can arrest on.
Link Posted: 6/1/2003 6:50:14 PM EDT
California is fairly straightfoward - From the Penal Code - 834. 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. and 837. 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. 839. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. 847. (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator or law enforcement officer described in subdivision (a) or (d) of Section 830.8, acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances: (a) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful. (b) The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested. (c) The arrest was made pursuant to the requirements of Section 142, 837, 838, or 839.
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