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.
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.
Citizens arrest in Texas Is it Legal? If so is it legal to use handcuffs?
Texas is a common law state so there is no specific statute but court precedent. The closest thing is 14.01 of the Texas Code of Criminal Procedure allows any individual to make a citizens arrest for felonies witnessed and crimes against public peace. Also the 9th amendment (Bill of Rights) says "individual's natural right to self preservation and the defense of the others" is protected. So you can always fall back on the Constitution. Most other common law states say the offense meriting a citizen's arrest must be indictable (not just felonies) but the list of indictable misdemeanors is short (most places false fire report is the only one). As far a Texas precedent for "crimes against the public peace" the last court decision of note defining public peace said "Texas courts have said the term "breach of the peace" is "generic, and includes all violations of the public peace or order, or decorum. . . . Accordingly, where means which cause disquiet and disorder, and which threaten danger and disaster to the community are used, it amounts to a breach of the peace, although no actual personal violence is employed." Ruiz v. State, 907 S.W.2d 600, 603 (Tex. App.-Corpus Christi 1995). The determination of whether an act constitutes a breach of the peace involves a case-by-case analysis, "looking to the facts and circumstances surrounding the act." Turner v. State, 901 S.W.2d 767, 770 (Tex. App.-Houston [14th Dist.] 1995). " Arrest means detention and the taking away of a persons right to free movement. So if you are correct the laws favor your handcuffing someone but not for such things as prostitution and narcotics or liqueur law violations. Remeber you never ever know what an individual judge will say or more importantly if a DA wants to prosecute you. A DA's influence on a Grand Jury is great and then you can be indicted to.
Citizens arrest vs police arrest?
From what I've read citizens can arrest you for ANY offense they saw you do, (and not read you your miranda rights) even for infractions where the police cannot arrest you but at most write you a ticket. Can the citizen always use force to detain you? Is it illegal to resist citizens arrest? How long can they detain you if the police never come? Can they transport you without your consent? I know I'm in the Twilight Zone but am just curious about these technicalities.
Can a regular citizen arrest a drug dealer?
You can perform a citizens arrest if you believe someone is committing a felony. Although, many police departments don't necessarily recommend it, and they think that you should just stand-by and act as an observer, so that you can give the cops a good report. The police are trained to stop dangerous criminals, and you are not. If there is even the slightest idea that you may get hurt, you should just call the cops, and let them handle it.
Is it legal to use physical force when making a citizens arrest?
It can be dicey but here is what the law says: California Penal Code Section 837 states, "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." A Public Offense is a felony, misdemeanor or infraction. (PC Sec. 16). In other words, a person in California who is not a law official or police officer can make what is commonly called a "citizen's arrest" if he or she witnesses a crime. For example, an Occupy protester who witnesses someone breaking glass or painting graffiti can hold an offender until police arrive. From incriminating information provided by the citizen's account, police will arrest the offender.Citizens arrests do not carry the same constitutional requirements as a typical arrest, individual citizens must only use the amount of force that is reasonable and necessary to make the arrest. Just what exactly constitutes the reasonable and necessary amount of force depends on the facts surrounding each arrest. Juries will usually examine the facts surrounding a citizens arrest and make the determination of whether it involved excessive force. You must not let your temper get in the way of good judgement. Use restraint but don't allow the offender to get the upper hand. I wonder if you can imagine what it is like to be a police officer and have every arrest scrutinized by the public, media and courts.The Alameda County District Attorney's office had a publication that you can find on line that goes into significant detail about citizens arrests.
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.
Is it legal to make citizen’s arrests of illegal immigrants at construction sites or other areas in the US?
Under most circumstances, no, but there are a couple of exceptions where you might get away with it.There are two problems with the notion of a citizen’s arrest of an illegal immigrant.Being an illegal immigrant is either a federal crime, or not a crime at all, depending on circumstances. A person who comes legally and overstays his/her visa is subject to deportation, but has not committed any crimes he/she could be arrested. (Even immigration authorities would not be able to detain that person on the basis of his visa overstay alone, but would only schedule a removal hearing in the immigration court and put a black mark on his file so he’d have trouble getting a visa again.) A person who crosses the border illegally is in violation of 8 USC §1325 “Improper Entry”, which is a federal crime. While many state laws recognize the citizen’s arrest doctrine, the federal law does not.Even at the state level, the concept typically requires either for the offense to be committed within your view, or to be a felony (Ohio), or both (Texas). Improper entry is only a felony if the person reenters after being convicted and removed the first time.In essence, you might get away with a citizen’s arrest of a person you observe swimming across the Rio Grande when he first sets foot on the U.S. soil. You might also be justified in arresting someone if you know who it is and you are certain that that person has already been removed from the country at least once. You definitely can’t go to a construction site and start grabbing random people whom you assume to be illegal immigrants.In fact, with regard to a construction site, you would probably be more justified doing a citizen’s arrest of the foreman or the site owner than of any illegal immigrant present at the scene, since even working without a valid authorization is not a crime, whereas hiring someone without one is (8 USC §1324a).