Citizens Arrest... for real?

RallySoob · Apr 3, 2009

I heard a story the other day on the radio about Paris Hilton's little sister performing a citizens arrest on a man for pushing her to the ground or something along those lines. Out of curiousity I looked up the ORS codes regarding Citizens Arrest.
Anyone have any experience with it? Never know...

133.225 - Arrest by a private person
(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.

(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255.

[1973 c.836 §74]

161.255 - Use of physical force by private person making citizen's arrest
(1) Except as provided in subsection (2) of this section, a private person acting on the person's own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.

(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.

[1971 c.743 §31; 1973 c.836 §339]

RallySoob · Apr 3, 2009

Story on Nicky Hilton performing a citizen arrest for being shoved

http://www.eonline.com/uberblog/b101239_nicky_hilton_citizen_arrests_man_ihop.html?utm_source=eonline&utm_medium=rssfeeds&utm_campaign=rss_topstories

Here's on article I found on the topic of citizen Arrest legality from 04/07
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20070422/OURVALLEY/703080330/-1/OURVALLEY01

NWMoss · Apr 3, 2009

Great law...

...but I'll bet the civil suit for unlawful detainment/false imprisonment sucks

I'll have to look that up in ORS...

Trlsmn · Apr 3, 2009

Why do you want to be able to do a citizens arrest RS?

RallySoob · Apr 3, 2009

Trlsmn said:
Why do you want to be able to do a citizens arrest RS?

saw that coming... (mods, can we get an animation of a guy fishing out the back of a boat added to the list?)

I've heard the term in the past but didn't really know people actually did it. I recently read a story about a man that declared a citizen arrest on a presiding judge during open court in Marion County and won the case. Also heard the nicki hilton story on the radio. Wondering if any1 here has any interesting experiences with it. I have no desire to 'arrest' anyone...The civil case could ruin your life as mentioned above, especially now that every1 bats left these days.

ref to mentioned story:
<broken link removed>

+I also read a story about a guy in toronto that was rambling about how security guards in bullet proof vests made a citizen arrest on him for tearing down a paper sign add thing off a telephone pole. Sounds like Gecko45's moved up north...

Ref to story from Toronto
http://www.nowtoronto.com/news/story.cfm?content=168421

solowars · Apr 3, 2009

You have to obey all laws just like a cop when doing this and it only works if the person/persons your trying to arrest gos along with it otherwise it could get ugly. If you lay hands on someone you better have a 100% legal right to do so or they will clean your bank account out, in otherwords let the cops handle it but be observant so you can be ready with lic plate number and a VERY good description of the bad guy.

Now im not saying if you come up up a lady getting rapped or somthing serious just stand there or run away, im saying you better have one heck of a reason before you wrestle someone to the ground and hold them there till the cops come. Also i belive you can only hold someone till the cops arrive i dont belive you can zip tie someone them throw them into your car and take them to jail. I could be wrong tho.

Ive held 2 or 3 people down till the cops came and the cops thanked me for doing so. I had to go to court one of the times because i walked up on a group of kids standing in a circle kicking another kid back and fourth inbetween them

I only caught one but he snitched on the rest of them in court oh and the little bugger bite me when i grabed him so like i said it can get ugly.

RallySoob · Apr 3, 2009

solowars said:
... im saying you better have one heck of a reason before you wrestle someone to the ground and hold them there till the cops come.

For sure, so nicki hilton getting shoved from behind constitutes a citizens arrest? That's BS.

I wouldn't even let a security gaurd arrest me let alone a young girl. the guy must have been scared of someone else present or something

solowars · Apr 3, 2009

I wouldn't let a security guard arrest me either unless i was 100% percent in the wrong.

And it all depends on if the guy did it on purpose or not and how hard of a shove it was. If some girl came up behind me and shoved me down to the ground you better believe im calling the cops and or holding her till the authorities come unless it was a accident in that case I'd ask her for her digits

Anymore these days you really have to watch what you do because you can be sued for anything and everything.

asiparks · Apr 3, 2009

RallySoob said:
For sure, so nicki hilton getting shoved from behind constitutes a citizens arrest? That's BS.

I wouldn't even let a security gaurd arrest me let alone a young girl. the guy must have been scared of someone else present or something

perhaps the Sheriffs deputy that was eating there as the article mentioned ?

On a side note, I don't believe i just read E online....

The Dude · Apr 3, 2009

RallySoob said:
Sounds like Gecko45's moved up north...

LOL! "You don't know what we special tactical double dragons have to do sometimes. I've stuck my neck out covering Nicky Hilton when someone pushed her out of the way to get to the Prada sale. I was carrying a Franchi Spas 12 with bean bag shots and a AR-10 incase anyone was wearing body armor to the shoe sale. I also had smoke and stun grenades, throwing stars and twin .50 Dessert Eagles incase it got real hairy."

Doc In UPlace · Apr 3, 2009

I did one, way back when I was driving Taxi for Farwest in Seattle. This guy ran me around for about $25 in fares (when that was about the equivalent of $75 now) and then had no money when we got to where he promised he'd pay me.

I wasn't armed with anything but my Mag-light but I told the guy if he tried to run I'd shoot him so he stayed compliant.

I loaded him back in my cab and drove him to the Burien Sheriff's office. When the sergeant opened the door and saw the two of us, he just started laughing and said, "we need more of this."

After making out a report, I left the guy there in their jail. About 4 months later I got a check in the mail from the court.

Turned out, they'd made him do work release then made him pay me back out of his earnings. That was a sweet check!

Joe Link · Apr 4, 2009

The Dude said:
LOL! "You don't know what we special tactical double dragons have to do sometimes. I've stuck my neck out covering Nicky Hilton when someone pushed her out of the way to get to the Prada sale. I was carrying a Franchi Spas 12 with bean bag shots and a AR-10 incase anyone was wearing body armor to the shoe sale. I also had smoke and stun grenades, throwing stars and twin .50 Dessert Eagles incase it got real hairy."

Classic

Contento · Apr 6, 2009

Doc In UPlace said:
I did one, way back when I was driving Taxi for Farwest in Seattle. This guy ran me around for about $25 in fares (when that was about the equivalent of $75 now) and then had no money when we got to where he promised he'd pay me.

I wasn't armed with anything but my Mag-light but I told the guy if he tried to run I'd shoot him so he stayed compliant.

I loaded him back in my cab and drove him to the Burien Sheriff's office. When the sergeant opened the door and saw the two of us, he just started laughing and said, "we need more of this."

After making out a report, I left the guy there in their jail. About 4 months later I got a check in the mail from the court.

Turned out, they'd made him do work release then made him pay me back out of his earnings. That was a sweet check!

god that's awesome...I hope the cops still do that!

armedandsafe · Apr 6, 2009

I've done a couple. One was inside my house and was pretty uneventful. (Did you know that somebody who speaks only Spanish learns English instantly just by looking at the small end of a Dan Wesson .357?)

The other was a real CF, as I had driven into a police training exercise. Two guys running down the strip mall parking lot, guns in hand, local uniformed cop in chase about half a block behind. Got real interesting for a few.

Pops