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post #1 of 16 Old 09-30-2009, 02:28 PM Thread Starter
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citizen's arrest

What exactly is a citizen's arrest and to what degree can they be detained until police arrive?
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post #2 of 16 Old 09-30-2009, 03:24 PM
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I don't think it is legal to detain anyone unless you are an officer of the law...

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post #3 of 16 Old 09-30-2009, 04:27 PM
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Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.

Any twelve people who can't get themselves out of jury duty are not my peers.
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post #4 of 16 Old 10-01-2009, 05:05 AM
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Quote:
Originally Posted by Connman View Post
Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.

My advise, do your part and pay attention, even write down your description of them, and any info on any vehicle they leave in (Height, weight, tattoos, scars, vehicle make model, color, plates, plate registration state).

You also risk the person fighting back and physically harming you. If you corner someone, they probably will do anything they can to escape.

Leave detaining up to the professionals.

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post #5 of 16 Old 10-01-2009, 05:53 AM Thread Starter
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I never had the need to do this but have heard about it.I didn't know the legality of it and whether it was still permissible.Once they are notified that this is going on,are you allowed to use force to detain them and does this nullify any self-defense ruling?
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post #6 of 16 Old 10-01-2009, 07:40 AM
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So the favoured approach of knock them out and leave a note pinned to them is officially in the 'grey area' then... hmmm

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post #7 of 16 Old 10-01-2009, 10:30 AM
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IMO, a citizens arrest is this. Say you see someone beat his wife, out in public. Myself, and anyone who is with me, is going to jump the guy, pin his head to the ground with my knee, and keep him there till the cops arrive. I really don't think someone is going to question the legality of it.
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post #8 of 16 Old 10-02-2009, 03:48 AM
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Originally Posted by Hibs View Post
IMO, a citizens arrest is this. Say you see someone beat his wife, out in public. Myself, and anyone who is with me, is going to jump the guy, pin his head to the ground with my knee, and keep him there till the cops arrive. I really don't think someone is going to question the legality of it.
What happens if he is not found guilty, or charges are dropped... What if he comes after you in court? That's what I would worry about...

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post #9 of 16 Old 10-02-2009, 05:38 AM
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What happens if he is not found guilty, or charges are dropped... What if he comes after you in court? That's what I would worry about...
That's the tricky part. You better be DAMN sure they did it and there is undeniable proof - because they can sue you for everything you've got if they feel their civil rights were violated.

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post #10 of 16 Old 10-02-2009, 08:47 PM
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...guess that leaves the old 'shoot-em-in-self-defense' move...

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post #11 of 16 Old 10-03-2009, 11:57 AM
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From Wiki:

United States
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights.[30]
Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is permitted and applies to both civilians and police officers outside their jurisdiction.[31] Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.[32] Detention is different from an arrest in that in a detention the detainee may not be transported without consent.

>>> I know Wiki isn't necessarily any authority, but I figured it would give a perspective... There's a country-by-country list here: Citizen's arrest - Wikipedia, the free encyclopedia

Sticky subject, for sure!!

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post #12 of 16 Old 10-03-2009, 01:33 PM
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Scenario: I wake up to a sound outside and see someone breaking into my vehicle parked in my driveway.

Do I..

A) draw my firearm and instruct him to freeze?

B) shoot on sight?

C) call the police and wait for them to arrive 5 min too late?

D) hookers.

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post #13 of 16 Old 10-03-2009, 02:17 PM
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If you witness a guy murder someone with a butcher knife, I believe you are authorized to make a "Citizen's Arrest". Good luck.

Shane
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post #14 of 16 Old 10-03-2009, 03:50 PM
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Quote:
Originally Posted by Phantom View Post
Scenario: I wake up to a sound outside and see someone breaking into my vehicle parked in my driveway.

Do I..

A) draw my firearm and instruct him to freeze?

B) shoot on sight?

C) call the police and wait for them to arrive 5 min too late?

D) hookers.

D) hookers. !!! How did I do??

I can explain it to you, but I can't understand it for you.
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post #15 of 16 Old 10-05-2009, 01:50 AM
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Quote:
Originally Posted by GO 200 View Post
From Wiki:

United States
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights.[30]
Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is permitted and applies to both civilians and police officers outside their jurisdiction.[31] Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.[32] Detention is different from an arrest in that in a detention the detainee may not be transported without consent.

>>> I know Wiki isn't necessarily any authority, but I figured it would give a perspective... There's a country-by-country list here: Citizen's arrest - Wikipedia, the free encyclopedia

Sticky subject, for sure!!
The reason Noff Kakkalakka is different is because it's probably the cops that need to be arrested and detained.

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