Can you legally resist a citizen's arrest?
Most citizen’s arrest statutes permit the person making the arrest to use reasonable force to effect it. I am unaware of any statute that specifically governs resistance to a citizen’s arrest.The law essentially assumes that a police officer who is making an arrest is justified in doing so, and provides criminal penalties for resistance. There is case governing resistance of an unlawful arrest by a police officer, but the circumstances tend to be vague. The probable cause for the arrest must be reasonable in the police officer’s judgment. If the person arrested believes the cause is unreasonable, he is supposed to submit, anyway. Under the most liberal interpretation, resistance to a police officer’s arrest would be reasonable only if the person being arrested knew (not merely believed) there was no probable cause for the arrest.A citizen’s arrest will be evaluated much more harshly by the court. The citizen who is making the arrest should be very sure of their grounds before attempting it. Resistance to this arrest will be evaluated in terms of the reasonableness of the resistance.For example, say you were shoplifting from a store. You pick up an item, conceal it on your person, and make for the exit without trying to pay for it. A store security officer stops you and attempts to make a citizen’s arrest. You know you stole the item; you know that arrest is a possible consequence. If you resist, your resistance will likely be evaluated as unreasonable, as a form of assault.Now, say that you resemble someone who has previously been arrested for shoplifting and has been banned from the property, at risk of being charged with trespass. You have no personal knowledge of this. The same store security officer sees you, assumes you are the person who has been trespassed, and attempts to make a citizen’s arrest for trespassing. If you resist this arrest, knowing you did not violate the law, your resistance might be viewed in a more favorable light.There is no clear-cut answer here. Every situation will be different.
How can you find out if a person is a legal citizen?
How can you find out if a person is legal and if he is married. If you have the person ss# can that help in anyway. If so, where would be a good place to find this out on the internet. Anyone know of any free sites that can help with this problem.
Can I get into legal trouble if I make a citizens arrest?
In Missouri 2 factors have to come into play. 1. You have to reasonably believe that a crime was committed in your presence. 2. The crime did in fact have to take place. Example: You see a person running super fast out of walmart with a vcr under their arm and the door way security alarm is going off. You reasonably believe that he just stole the vcr so you tackle him to the ground and place him under a citizens arrest. The police get there and find that he did purchase the vcr but that the clerk forgot to erase the security tag. He was running because his wife just called him and told him that she is about to have their baby. Guess what? You would probably be in some trouble.
Is it legal for private citizens to own bazookas?
I have seen an RPG-7 in legal circulation and yes they are classified under the National Firearms Act as a destructive device. Same thing goes with grenade launchers, but those are more common. The only downfall to these weapons is that you have to go through the same process you went through in order to purchase the destructive device all over again for each grenade or RPG that you buy plus a $200 tax every single time. Practice grenades are easily avaliable though. www.autoweapons.com usually has at least some grenade launchers in stock and their website explains the whole process to buy NFA weapons.
Is it legal to use handcuffs for a citizen's arrest ?
IF you have a reasonable reson to physically detain someone, sure why not. Cuffs aren't illegal. A bit odd for a non-cop citizen to be carrying, but not illegal. I had to use my belt to restrain some one once.
Is it legal to carry and use handcuffs to make a citizen's arrest ?
I'm not aware of any states where the possession of handcuffs is illegal. If you do use them, you are liable for any injuries to the person. I don't recommend citizens arrest in general, and I certainly don't recommend using any force, including handcuffs.
My parents are Illegal Immigrants, I'm a US Citizen, can I make them legal?
It depends. If they entered the US legally, and then overstayed, you can petition for them to become legal once you turn 21. You would file to be their sponsor, and will have to have an income that is high enough to prove that you can support both of them. See http://www.uscis.gov/portal/site/uscis for information on how to petition for them. If they entered the US illegally, without the permission of the US government, and have never been in the US legally, you will not be able to adjust their status (make them legal) under the current law. There's no way around that unless Congress changes the laws. The only way for them to become legal as the law is now would be for them to leave the US and then to petition to be allowed to immigrate. That would probably mean that they would be banned from re-entered the US for 10 years based on their earlier illegal entry.