How exactly does one do a citizen’s arrest?

Geardo · Feb 21, 2022

Well since this thread was created I got to see one of these. At least the "detaining part"

I'm not gonna go into details:

but basically the "good guy" ended up covered in "bad guys" blood with who knows what pathogens.

Legally, good guy could have been in big legal trouble if things had been slightly different.

No one was willing to help him detain the guy physically, and it was a real struggle. Assume you are on your own if you initiate one of these.

"Bad guy" was released with no charges a few days later, but seems to have stopped terrorizing the neighborhood, at least for now.

Mikej · Feb 21, 2022

Geardo said:
"Bad guy" was released with no charges a few days later, but seems to have stopped terrorizing the neighborhood, at least for now.

So "Vantucky" has the same feckless leader ship/DA as potland huh?

That crap sounds like it could turn pretty scary for homeowners.

wjv · Mar 10, 2022

In Texas I think the procedure is:

Draw pistol
Bang
Bang
Bang
Bang
Bang
Bang
Bang
Bang
Stand over body and say: "Ur under arrest"

Member 75076 · Mar 20, 2022

So much wrong information here...

Simply put, in the State of Oregon a private person can effect a probable cause arrest of another private person for crimes committed in their presence. A reasonable level of force can be used to effect an arrest by private person. See ORS 133.225 and ORS 161.255.

Basically you need to see, hear, taste, smell, or feel the crime being committed. A crime is a misdemeanor or felony, NOT a violation (so no arresting the neighbor for jay walking). In the scenario described in the first post, it would be totally lawful (although maybe not smart) to confront the trespasses looking through the window and give them a lawful order to depart the property. If they refuse and remain on the property you could arrest them under ORS 164.245 for Trespass 2, a C misdemeanor.

If you take someone into custody I suggest immediately calling 911 (not non-emergency) because the law says you must deliver them without delay to a peace officer or magistrate.

Oregon has extremely generous trespass laws. In many states the laws are restricted to only felonies, only to be carried out by licensed security guards or property owners on their property. In theory, in Oregon it would be totally lawful for a volunteer group to go around arresting people who commit crimes in public spaces and then turn them over to the police.

Alexx1401 · Mar 20, 2022

Minuteman said:
So much wrong information here...

Simply put, in the State of Oregon a private person can effect a probable cause arrest of another private person for crimes committed in their presence. A reasonable level of force can be used to effect an arrest by private person. See ORS 133.225 and ORS 161.255.

Basically you need to see, hear, taste, smell, or feel the crime being committed. A crime is a misdemeanor or felony, NOT a violation (so no arresting the neighbor for jay walking). In the scenario described in the first post, it would be totally lawful (although maybe not smart) to confront the trespasses looking through the window and give them a lawful order to depart the property. If they refuse and remain on the property you could arrest them under ORS 164.245 for Trespass 2, a C misdemeanor.

If you take someone into custody I suggest immediately calling 911 (not non-emergency) because the law says you must deliver them without delay to a peace officer or magistrate.

Oregon has extremely generous trespass laws. In many states the laws are restricted to only felonies, only to be carried out by licensed security guards or property owners on their property. In theory, in Oregon it would be totally lawful for a volunteer group to go around arresting people who commit crimes in public spaces and then turn them over to the police.

Be interesting to see groups do this to Pantifa. You know some judge would promptly have the group arrested and let the Pantifa go free to sue.

GrayGoose · Mar 20, 2022

Alexx1401 said:
Be interesting to see groups do this to Pantifa. You know some judge would promptly have the group arrested and let the Pantifa go free to sue.

There's this alternative:

Mikej · Mar 20, 2022

Minuteman said:
So much wrong information here...

Simply put, in the State of Oregon a private person can effect a probable cause arrest of another private person for crimes committed in their presence. A reasonable level of force can be used to effect an arrest by private person. See ORS 133.225 and ORS 161.255.

Basically you need to see, hear, taste, smell, or feel the crime being committed. A crime is a misdemeanor or felony, NOT a violation (so no arresting the neighbor for jay walking). In the scenario described in the first post, it would be totally lawful (although maybe not smart) to confront the trespasses looking through the window and give them a lawful order to depart the property. If they refuse and remain on the property you could arrest them under ORS 164.245 for Trespass 2, a C misdemeanor.

If you take someone into custody I suggest immediately calling 911 (not non-emergency) because the law says you must deliver them without delay to a peace officer or magistrate.

Oregon has extremely generous trespass laws. In many states the laws are restricted to only felonies, only to be carried out by licensed security guards or property owners on their property. In theory, in Oregon it would be totally lawful for a volunteer group to go around arresting people who commit crimes in public spaces and then turn them over to the police.

Not laughing at you. Just the premise that someone could actually do what your suggesting is totally legal. But I live in a LARGE Oregon City. So there's that.

OldBroad44 · Mar 20, 2022

Hueco said:
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.

I agree. And another issue is whether "arrestee" is male or female. Once when I was a young broad, I had a vigilante type try to apprehend me because I was walking my bike through a little woods along the tracks taking a shortcut home after having dinner with a friend. Would-be vigilante was hiding in woods planning to apprehend someone who had been ripping off stuff out of yards in the neighborhood, including bicycles. From the point of view of a young woman, any strange man running at you at night is a potential rapist. And I would have killed him before I let him restrain me in any way.

revjen45 · Mar 21, 2022

"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."

How about "I'm calling you to save him. I can save myself."