State laws stipulate three main factors in making a citizen's arrest.
First, you must witness a crime as it is playing out.
Second, you must know the criminal committed the crime.
Third, a crime has transpired and the perpetrator you have in custody is, in fact, the person behind the offense.
The reason this statute is relevant is to provide assistance to an already overwhelmed police force. This helps keep the streets a little safer and gives the police a chance to catch the criminal without wasting taxpayer's time and money in drawn out investigations. It allows the authorities an opportunity to concentrate their efforts on the investigations that need their attention.
As a citizen, we also need to understand when it is an appropriate time to make an arrest. We will focus on what to look for at the crime scene.
We need to identify the dangers surrounding the crime. Is the perpetrator armed? Is the criminal acting alone? If the answer is yes to either of these questions then you need to seek shelter and call the authorities as soon as possible.
Even if a criminal is unarmed, they could still be dangerous. You have to be positive you can handle the situation. For example, maybe the criminal's behavior is strange and erratic. This is not someone you want to tangle with.
If you notice a police officer is having a hard time with a suspect and needs assistance, then we should try to help the officer out.
You do not want to put yourself in a position to use excessive force, if you think it could become physical then you should call the local authorities immediately.
These are crucial elements to cover. What is at stake? Who could get hurt? These are questions you should always ask yourself when considering whether to take the law into your own hands.
Possible repercussions of a citizen's arrest.
If something happens to a criminal in your custody you could be held accountable. Remember, you are the arresting body, so if a felon ends up getting hurt in your custody you will be the one to pay for the damages.
If there is an error in judgment ,on your part, and you have arrested the wrong person then you are going to be responsible for the ensuing damages.
If you appear before a judge and have made a false arrest, that judge could have you incarcerated for your activity against the reported criminal.
Finally, when you make a citizen's arrest, you have to contact the authorities so they can pick them up. It is never a good idea to try and transport your prisoner yourself. The police will have you fill out a report, when they pick up the felon. After they have filed the report, you will be contacted to appear in court as a witness to the crime.
Finally, it is imperative you understand your state's laws regarding citizen's arrests. You have to have a working knowledge of the law, without it you should never attempt a citizen's arrest. The slightest mistake could be the costliest mistake of your life. Remember, criminals do get defense attorney's. Those attorneys do know the law, so you had better know the law yourself. Another thing to remember is that judges do not like to see citizens taking the law in their own hands. You definitely do not want to make a career of arresting criminals without a badge. They tend to view a citizen's arrest as a vigilante strike, so if you do happen to make the arrest you do not want to start looking for more crimes.
Highlights to remember:
Never use more force than necessary!
Turn the perpetrator over to the local authorities as quickly as possible!
Never dole out any punishment!
Never put yourself in harms way!
Published by Ron Lester
The eldest of three sons, I spent most of my youth travelling around the world with my family. Later join the Army, serving in the JAG corps. Spent many years trying to discover myself. Now, I spend m... View profile
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1 Comments
Post a CommentI have actually made a citizen's arrest, when I was a security officer.