• Effective immediately we will be deleting, without notice, any negative threads or posts that deal with the use of encryption and streaming of scanner audio.

    We've noticed a huge increase in rants and negative posts that revolve around agencies going to encryption due to the broadcasting of scanner audio on the internet. It's now worn out and continues to be the same recycled rants. These rants hijack the threads and derail the conversation. They no longer have a place anywhere on this forum other than in the designated threads in the Rants forum in the Tavern.

    If you violate these guidelines your post will be deleted without notice and an infraction will be issued. We are not against discussion of this issue. You just need to do it in the right place. For example:
    https://forums.radioreference.com/rants/224104-official-thread-live-audio-feeds-scanners-wait-encryption.html

Citizen's Arrest Do's and Dont's

Status
Not open for further replies.

jfab

Member
Premium Subscriber
Joined
Jun 10, 2006
Messages
1,461
Location
Broomfield/Aurora, CO
#1
I was wondering if anyone knew the Do's and Dont's as far as citizens arrest...restraint(cuffs, ect)legality, laws, crimes you can citizen arrest for, ect. Just curious! Thanks!
 
Joined
Nov 13, 2004
Messages
0
#2
Interesting Subject,

Hope to see some Excellent answers on this one. Would Like to see Case Law Sighted as well as Officers Opinions and Everyones Opinion. Should be Interesting !
 
Joined
May 4, 2005
Messages
440
Location
North Tx
#3
Depends more or less on the state then down to the local DA.

This question is going to get you down to nothing since it is based upon the area etc....
 
Joined
Jan 13, 2006
Messages
774
Location
EM73co
#4
jfab said:
I was wondering if anyone knew the Do's and Dont's as far as citizens arrest...restraint(cuffs, ect)legality, laws, crimes you can citizen arrest for, ect. Just curious! Thanks!
You just may find this article interesting...

What is a Citizens Arrest?

A citizen's arrest is an arrest performed by a civilian who lacks official government authority to make an arrest (as opposed to an officer of the law). An arrest, as defined by Black's Law Dictionary, is "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).
Anatomy of a Citizens Arrest

Once a person has committed an offense meriting a citizens arrest (under the applicable state law), the arresting party must follow certain guidelines to detain and deliver to authorities the suspect in question. Acceptable guidelines for carrying out a citizens arrest also vary by state. In general, the arresting party must notify the suspect as to why he or she is being arrested, and may enter the building or private residence where the suspect is residing, using a reasonable amount of force to apprehend the suspect. In California, for example, To make an arrest, a private person, if the offense is a felonymay break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired. (C.P.C., 844). In New York, A person may arrest another person for an offenseat any hour of any day or night. 2. Such person must inform the person whom he is arresting of the reason for such arrest unless he encounters physical resistance, flight or other factors rendering such procedure impractical. 3. In order to effect such an arrest, such person may use such physical force as is justifiable pursuant to subdivision four of section 35.30 of the penal law. (N.Y.C.L. 140.35).
Dangers of Making an Erroneous Citizens Arrest

Making a citizen's arrest maliciously or with insufficient evidence of wrongdoing by the arrested individual can lead to civil or criminal penalties. Additionally, it is in violation of a suspects rights for a citizen making an arrest to use unnecessary force, to intentionally harm the suspect, to hold the suspect in unsafe conditions, or to delay in turning the suspect over to authorities. A citizen making an arrest is acting in the place of an officer of the law, and as such, is required to uphold the same rights and civil liberties as an officer of the law must uphold.
You may want to read the entire article but I did highlight a few key points.
 
Joined
Dec 17, 2005
Messages
4,439
Location
Grand Lake St. Marys Ohio
#5
As many state laws differ be very careful on what you do in any circumstance, often if you try to detain someone, you may be the one facing charges such as illegal detainment or possible a kidnapping charge. Best bet is to get a good description of the subject, a license plate number and a direction of travel and leave it up to the professional LEO's to do the rest. Hoser
 

iMONITOR

Member
Premium Subscriber
Joined
Sep 20, 2006
Messages
6,320
Location
MACOMB, MI.
#6
I asked a local police officer about this once. My scenario was, if I were to confront an intruder in my home, while holding him at gun point, could I cuff him to discourage any attempts for him to attack, or escape while I was waiting for the police. I wouldn't get close enough to attempt this myself, as it might not end well, but possibly throw the cuffs his way and order him to cuff himself.

The cops answer? "I wouldn't try it. You risk something still going wrong, or getting sued. You're better off to shoot him!"
 
Joined
May 16, 2008
Messages
45
#7
jfab said:
I was wondering if anyone knew the Do's and Dont's as far as citizens arrest...restraint(cuffs, ect)legality, laws, crimes you can citizen arrest for, ect. Just curious! Thanks!
You are just dying to arrest someone aren't you? A civilian carrying a pair of handcuffs "just in case?"

Your best bet for the laws and legal issues in your area or state would be to call the local police department or district attorneys office.
 
Joined
Apr 27, 2008
Messages
13
Location
Arlington, TX
#9
EncryptionMan said:
A civilian carrying a pair of handcuffs "just in case?"
I know civilians who carry not only handcuffs, but hand guns, rifles, batons, and even drive official looking vehicles "just in case". They are called Police Officers... who happen to be civilians as well, unless they are MILITARY police.

Sorry, pet peeve.
 

iMONITOR

Member
Premium Subscriber
Joined
Sep 20, 2006
Messages
6,320
Location
MACOMB, MI.
#10
nationwide said:
I know civilians who carry not only handcuffs, but hand guns, rifles, batons, and even drive official looking vehicles "just in case". They are called Police Officers... who happen to be civilians as well, unless they are MILITARY police.

Sorry, pet peeve.


Good point! Many police officers, and even more surprisingly many citizens not working in law enforcement, believe that only those working in LE should have the tools, ability, and authority to protect themselves and their loved ones. Ask any cop how he would like it if he was required to leave his gun at the police station when he was off duty!

The same nonsense applies to those who say cop killers should get the death penalty. What? The guy that kills my wife and kids gets the color TV, and the basket ball court? Bull crap!
 
Joined
May 16, 2008
Messages
45
#11
nationwide said:
I know civilians who carry not only handcuffs, but hand guns, rifles, batons, and even drive official looking vehicles "just in case". They are called Police Officers... who happen to be civilians as well, unless they are MILITARY police.

Sorry, pet peeve.
That is ridiculous. You knew I was referring to NON police officers. Police officers have the power to arrest on and off duty so the "citizens arrest" laws and regulations does not apply to them, that is as long as they are making that arrest in the area in which they are authorized to protect.

I know officers who carry their off duty weapon every where they go. But I also know officers that chose to leave their guns at home when they are off duty. I can't think of one officer I socialize with while they are off duty and out of uniform that has had their hand cuffs (detectives excluded) . It depends on the officer and their departments policy as to what they do off duty.

I believe everyone EVERYONE has the right to protect them selves I believe in the right (just about every citizen has) to posses a firearm but I dot think a NON POLICE OFFICER needs to posses handcuffs I just personally find that odd.

On another note. I am not arguing the citizens arrest aspect of this.. Merely pointing out I do not agree with a civilians need to posses or use handcuffs.
 
Last edited:

iMONITOR

Member
Premium Subscriber
Joined
Sep 20, 2006
Messages
6,320
Location
MACOMB, MI.
#12
EncryptionMan said:
I believe everyone EVERYONE has the right to protect them selves I believe in the right (just about every citizen has) to posses a firearm but I dot think a NON POLICE OFFICER needs to posses handcuffs I just personally find that odd.

On another note. I am not arguing the citizens arrest aspect of this.. Merely pointing out I do not agree with a civilians need to posses or use handcuffs.
I'm curious. Honestly I'm not wanting to start an argument, and I don't carry, or even own hand cuffs. But could you explain why you feel that way, and what would be the difference?
 
Joined
May 16, 2008
Messages
45
#14
Handcuffs are meant to either lock someone to something IE a bar on the wall in a booking area or prevent someones movements (hands behind their back) to protect the prisoner from harming them selves or the officer. Why would a person not making arrests every day (law enforcement officer) need to posses handcuffs on the off chance they make a citizens arrest?

Frankly I think if you were to be stopped by the police and they found handcuffs in your car or on your person the police could start to wonder about you pretty quickly. What are your true intension's? simply saying " I have them in case i make a citizen arrest" would probably not help you gain any trust or respect from the officer. It would appear some people may just want to carry them to carry them for no other reason as it makes them look official? I don't know that is PURE speculation.

if you did carry them and If a child (say 15 years old) were to commit a crime of assault and battery in your presence would you place them under arrest and would you handcuff them? That could be considered unlawful imprisonment and you your self would be arrested.

I think.. IF you cant handle the person your self just leave the situation alone. If you need handcuffs to restrain the person you probably would have a hard time getting them on the person anyway.
 
Last edited:

jfab

Member
Premium Subscriber
Joined
Jun 10, 2006
Messages
1,461
Location
Broomfield/Aurora, CO
#16
EncryptionMan said:
You are just dying to arrest someone aren't you? A civilian carrying a pair of handcuffs "just in case?"

Your best bet for the laws and legal issues in your area or state would be to call the local police department or district attorneys office.
When I mentioned cuffs, it was just an example. I do not carry or own cuffs, I just mentioned them for conversation's sake..relax!!
 
Joined
May 16, 2008
Messages
45
#17
There are dozens upon dozens of web pages that came up when I searched this topic on Google. Most emphasized the downside of making a citizen arrest.

I think the only way I would ever get involved in a case which involved an active criminal act that I was witnessing is if it involved a child and they were in immediate danger. and even then my priority would not be apprehending a suspect but the safety of the victims involved)

Making a citizens arrest opens you up to an enormous window of law suits and accusations. I for one do not think I could live with my self if my attempt at detaining someone ended by an innocent by stander being hurt or killed because of my attempt to be a hero.

Do what you can to protect the victims, leave the law enforcement to the pros. But hey if you can detain the bum while you and others are still safe. Go ahead. They deserve the jail time.

Just my opinion I know many disagree.

http://www.localtechwire.com/news/local/story/167839/

http://www.ocregister.com/ocregister/news/columns/article_1592102.php

http://en.wikipedia.org/wiki/Citizen's_arrest


These are just a few of the sites i looked over. I know there are MANY MANY more.
 
Last edited:

iMONITOR

Member
Premium Subscriber
Joined
Sep 20, 2006
Messages
6,320
Location
MACOMB, MI.
#18
EncryptionMan said:
I think.. IF you cant handle the person your self just leave the situation alone. If you need handcuffs to restrain the person you probably would have a hard time getting them on the person anyway.
Again, wouldn't the same apply to a police officer?

I'll admit it would be suspecious to find John-Doe carrying handcuffs, but only because that's what our Government, and sociately has taught us. Open carry of a handguns is not illegal in the State of Michigan, but I'm quite certain if you do it, you will create a scene in some places. It shouldn't be that way, but that's what we've been taught.

If a citiszen (as you put it), is carrying a hand gun, and is the victim of an attempted car jacking, or as I pointed out earlier, something like a home envasion, and can stop the bad guy with the threat of shooting him, how would you suggest he detain him until help arrives?

Your previous comment:
prevent someones movements (hands behind their back) to protect the prisoner from harming them selves or the officer

Wouldn't/couldn't the same apply to John-Doe?
 
Joined
May 16, 2008
Messages
45
#19
Greatlakes..

MY only issue is i just don't see why the average Joe would want to restrict someones movement unless they are up to something. I guess I have a slanted view on this as I had a bad experience when I was a child. but that has nothing to do really with making an arrest. I guess i just don't agree with a normal person other than a cop needing to prevent someones movement.

On a side note. I realize i came off as a jerk to the poster. I don't realize how rude my wording is until later. Its a problem I have. I do not intent to be so rude.
 
Status
Not open for further replies.
Top