When can you make a citizen's arrest? In a citizen's arrest many steps must be completed properly before restraining a person for their crime. By notifying the authorities, to see if there are other witnesses besides yourself, and you must be really careful during the process of making an arrest. If you witness a crime, it is your civic duty to report the crime to the police. When a crime is committed, you have the right and responsibility to make a "Citizen's Arrest." If you have witnessed a crime, and if you are brave enough to make an arrest: (1) ask yourself certain questions, (2) take him down, (3) check for witnesses, (4) don't use too much force, (5) and your not the same as a police officer. The certain questions you may ask yourself before making an arrest: Can I safely intervene without endangering others? Am I strong enough to detain the suspect? Am I sober? If the answer to any of these is "[hiccup] No," call Popeye and hide behind elderly bystanders. But as a U.
S. Citizen, you have the right to arrest it is granted by common law. But keep in mind that you need to witness or have some knowledge of an arrest able crime. How can you take him down you ask? If you can't wrestle up a posse to intimidate the per peter into submission, you may have to get physical. Distract his attention, and then throw him to the ground on his belly and his arm behind him while applying your knee to the small part of his back. Your going to expect some grumpiness-felons consider a citizen's arrests a professional embarrassment.
" Don't you think you " re going to play Bruce Lee," De annette warns. " Even police don't have the right to use excessive or unwarranted force." In fact, a little too violent arrest could render you criminally liable. Once the punk is immobilized, tell him that you " re arresting him and why; botching either technicality result in the suspect's release on improper arrest methods and even lead to a civil suit against you for wrongful imprisonment. Finally turn the guy over to the authorities. And keep your eyes peeled for others that may be in danger. The fixation to say when making an arrest, you should inform the person that you are doing so for particular crime in question, that you are taking them to the nearest Police officer.
If there are any other witnesses present, try to get their help and ask for their names and addresses. This is really helpful so that they can back you up when you " re the one that gets accuse. Do not use too much force when making a citizen's arrest. If force is required to make the arrest, you should use only reasonable force to overcome any resistance being given; otherwise your actions could amount to an assault.
You should be aware that the suspect has the right to resist your efforts to make the arrest: you do not have the same powers as a police officer. Do you have any powers to search or question the person? No, you have no legal rights to search or seize anything from the person, nor to question him or her. Just some notes of caution: even though you have the right to make a citizen's arrest, you are not required to do so by law. If you feel it is necessary to make an arrest, you should proceed with caution, as the person in question may be well dangerous. You should also ensure that you have the proper grounds to make the arrest; if you do not you may open yourself to being sued for wrongful arrest. When is it right to make the arrest? Well private citizen's have the power to make the arrest in the following circumstances: if the crime is being committed at night, if the crime being committed is punishable by three years' imprisonment or more and if a person is attempting to escape from someone trying to make an arrest.
As a general rule the offences for which one is likely to make a citizen's arrest will be of a more serious nature, including murder, serious assault, drug offences, sex offences, breaking and entering, fraud and theft. I strongly disapprove a person trying to do a citizen's arrest because it is so dangerous and you may do it wrong where you may get sued.