How exactly does one do a citizen’s arrest?

[bbbass]

Good way to spend the rest of your life behind bars!
G

Really???

 

[ilikegunspdx]

First, you should contact a gun rights or criminal defense lawyer for a specific briefing on "citizen's arrest".

The following is based on California law, procedures, etc.
In California its technical term in private persons arrest. You can arrest for felonies and/or misdemeanors committed in your presence. if you do this, you are liable for your actions. .You simply tell the person "I'm placing you under private persons arrest for violating _____", or something similar. Citizens arrest is acceptable at this stage. The law is silent on how you detain the person until law enforcement arrives, but the method of detention must be reasonable. Almost every department has a card (City PD I started with had a 3x5 card) or form to be filled out. technically the officer can issue a citation (cite & release). He puts you down as arresting officer and himself as issuing officer. In any case we would have the citizen approach the suspect and say the statement above.

All California peace officers are required by law to accept any person placed under citizens arrest. Once the officer accepts, they have three choices - 1) book into jail - generally used with felonies; 2) Cite and release; or 3) release the subject due to insufficient grounds for a criminal complaint. Most departments have a policy/procedure for submitting reports to the District Attorney for possible issuance of arrest warrant, but this 4th choice is policy, not law like the first three.

In my experience (35 yrs railroad police, city PD, state police/highway patrol) I preferred the citizen "detained" the subject for me. This saves the citizen some civil liability for the detention, rather than an arrest. And allowed me some time to question involved parties, inspect damage, crime scenes, etc. As the law is written, once the citizen says "That guy did it, and I placed him under citizen arrest", my options are limited to the three.

Thanks a lot for responding with this detailed info. VERY helpful and much appreciated!!!

So it sounds to me that if one considers a citizen's arrest type of action, it should be to only detain the person until the police get there and that's it. And of course each person would have to weigh the benefits vs. the drawbacks (such as civil suit) for whatever the specific situation is. Personally for me, a lot of things would not rate the trouble of detaining the criminal. But some things definitely would. Scumbags threatening children -mine or someone else's, or my family, would for me.

I remember reading in the paper -in Yakima area I think it was- about a guy who jumped over a wood fence and ran into a persons yard where two kids were playing. He grabbed one of the kids and tried to jump over the fence with the little girl. If I see that, I'm doing whatever I can to stop it, because once that girl is gone, she is gone for good. And for me in that case I would want the person taken in by the police, because you know he is just going to try it again the next day in another yard or whatever. And he can try to sue me however much he wants, bottom line is I'm going to do whatever I legally can to keep him from trying to steal another little girl.

This makes me think of what is perhaps a key point. For a given situation, is the private citizen's goal to stop the attack, to detain so that the police can arrest, or both? In most cases I would guess the private person's goal is to stop the attack and get the heck out of there. But in some (probably very rare) cases, detaining would be critical, at least for me. Criminal attacking/stealing a child would be an example (at least for me).

Thanks again for the info. because it really helps to clarify things!

 

[titsonritz]

How exactly does one do a citizen's arrest?

Be prepared to kick some a** or don't play.

 

[DuneHopper]

Not sure this still applies today, but when college this topic was discussed among many.
Ideally these conditions.

1. Witnesses ( more the better)
   
2. A physical interaction was also witnessed from them
3. They are on private land, and either witnessed by the property owner/leaser etc.
4. Restraints only if injury or assault has occurred.

Now this was in the late 80's, I can't say what is applicable or not. But may give you a start.

Think about it like a car accident, the more you can prove you were in the right the better.
Firearm..... unless there is a weapon used by the accused, that gets very touchy holding a unarmed person at gun point.
Unless as noted in your home.

 

[gunnails]

Those weapons are not lying lose. they are in locked rests! Often locked in the trunk. Please get your facts straight.

==============================
We hear stories all the time of cops having guns stolen from their vehicles. A few years back a cop in Seattle left his AR on the trunk lid and then wondered off and it was stolen.
Straight facts.

 

[KKG]

I have not read the entire post but in the State of WA(I don't know if the laws have changed) the BG must have committed a felony, that you have observed. Such as an Armed Robbery, Burglary or one of the others. You can then either tell them they are under arrest or hold them until the LEO shows up. It's best if you have a firearm but unfortunately not everyone does. Physical Restraint is also good. But both of these can be tricky when the LEOs arrive. Both of these are better is if a few additional people are involved.

 

[rfmjchp]

In California you basically tell the other person "I'm placing you under citizen's arrest" or something similar. When I was on scene, I would have the person simply state I'm placing you under citizen's arrest for Burglary, Assault or whatever and am turning you over to Officer/Sgt Meyer.

In California, citizen's arrest applies anywhere, private or public property.

 

[bbbass]

2) "Someone lookin in the window... citizen's arrest: 147gr thru the window and into the forehead will anchor them fairly well until the police arrive."
You may wish to rethink this. Shooting a peeper who is outside sounds like a great way to assure that the rest of your life is filled with cops, lawyers and prison guards, especially in a place like Insleestan.

What is it with this... you're the second person to take that post seriously... somethin in the water?

 

[MannyGlocks]

You're kidding.

You better have a crowd of big, tough guys who're willing to scrap if trying a 'CA' maneuver..otherwise, nah, just call L.E. or get a license plate number.

 

[revjen45]

"What is it with this... you're the second person to take that post seriously... somethin in the water?"
No, I don't think you would shoot through the window. I do think that post could be used against you if (God forbid) you did have to shoot in self or home defense.

 

[FortunateSon]

Here is a video tutorial

ALWAYS makes me laugh. My wife laughs too, when I run through the house giving my best Gomer impression.

 

[bbbass]

"What is it with this... you're the second person to take that post seriously... somethin in the water?"
No, I don't think you would shoot through the window. I do think that post could be used against you if (God forbid) you did have to shoot in self or home defense.

They have to find me first.

 

[11Charlie]

I would sit back in my recliner and just stare at the person with a loaded shotgun on my lap while on the phone to 911 giving them a detailed description. Pretty sure they would leave.

 

[Tarawa86]

Let's face it, a perp will not take you seriously when initiating a citizens arrest unless you have one of these to project your authority. This model includes a siren to further terrify the wrong doer. Please note the steely gaze that screams "Stern and fearless defender of virginity"

 

[revjen45]

1) Arresting miscreants is the job of the police. All I care about is putting the bounder(s) to flight. Any contact with the Legal Industry, civil or criminal, should be eliminated or minimized as much as possible.

2) The police have backup - I don't.

 

[BillGabby1]

Really???

I guess I should have said depending on your age!
G

 

[BillGabby1]

==============================
We hear stories all the time of cops having guns stolen from their vehicles. A few years back a cop in Seattle left his AR on the trunk lid and then wondered off and it was stolen.
Straight facts.

That is a possibility, but generally they are secured.
Anyone can be distracted long enough for that to happen.

Years ago just outside of Bayfield, CO my truck caught fire,
and while I was busy trying to keep the fire from running into the forest, someone
emptied the contents of the cab which included my duty gun (Colt Trooper)
Duty jacket and sleeping bags, We were in the process of moving and lost everything of real value, we just had the overflow of things that wouldn't fit in the truck with 4' sideboards, in a 4X6 U-haul trailer. Mostly junk, you know the Shat you don't want to leave behind.
After the FD arrived and things were under control. A man no name, came up to me and led me to the other side of the road and there were my guns and everything from the cab of the truck. This man could have easily in the confusion have loaded them all up and left the scene, but instead he sat on them and made sure I got them back. Almost 50 years ago and I still haven't forgotten that!
I wish I knew his name I'd really like to thank him again.

So the upshot is sure guns can grow legs under the right circumstances and of course there is always (it seems) some yahoo standing by looking for just such an opportunity.
My experience was not the usual one! Talk about your Good Samaratin!
Gabby

 

[coop44]

Best way to get quick response from law enforcement? " come quick, he keeps reaching into his jacket, I think he's got a gun! " cops never turn down a chance for a good gunfight.

 

[Andy54Hawken]

Hmmm Old thread , again. This one from 2019.....

In any event..."Citizen' Arrest."...Nope , not for me.
Would I defend myself or do what is needed to stop a threat...yep.

If in the course of my actions the threat stopped and "waited around " till law enforcement showed up , great...
Also great if my actions stopped the threat and they ran off , before law enforcement arrived...
I am more interested in the stopping of a threat , than any "arresting".
Andy

 

[Hueco]

Well, I was going to make a joke …

Citizen's Arrest? You mean guarding the corpse for the coroner?

But given the recent state of the union…will simply say that there appears to be a fine line massive gaping chasm between citizen's arrest and vigilantism and perhaps a fine line between that and lynching.

We would do well to remember that we all have equal rights and no private citizen has the authority to strip those rights from another.

So, when I hear citizen's arrest…I'm thinking hell no…not unless a sheriff is deputizing me and asking for my help. And if that happens, wake me up because it isn't 1885 anymore.