Question:
Is it legal to tackle someone for a citizen's arrest?
anonymous
2012-02-04 12:26:51 UTC
Hypothetical: If I were to be driving down a busy road, and my car were to be shot by a few someone with paintball guns, would I be within my rights to pull over, exit my car and subdue him until police arrive?
My AP US Govt. and Politics teacher said that any use of physical force during a citizen's arrest is not protected. So now my second question is, how does one do a citizen's arrest without fear of the suspect fleeing (Since not able to use restraining force), and if one does enact a citizen's arrest with use of tackling/grappling/subduing, is that considered battery?
Eight answers:
Difdi
2012-02-04 17:13:11 UTC
He used a dangerous weapon on you. You can make a citizen's arrest, in all probability. However, citizen's arrest isn't a euphemism for beat the crap out of. Make the arrest, and dial 911 stating to the dispatcher that you've made a citizen's arrest for assault with a weapon. If the guy flees, follow; You might get in trouble for trying to restrain him from fleeing, though this varies by state (in some states you legally COULD restrain him).



However, if his response to the arrest is to assault you again, then you are legally able to use force in self-defense. Like citizen's arrest, self-defense is not a euphemism for beat the crap out of. Force must be proportionate. Bringing a knife to a fistfight, for example, is a good way to end up an imprisoned felon. You can defend yourself until he stops attacking; If you keep "defending" after he stops fighting, you're the one going to jail.



For example, I live in Washington state. A citizen's arrest can be made here for a felony or a misdemeanor, but only if the misdemeanor breaches the peace. A citizen has no investigative powers however, so a citizen's arrest must be immediate upon witnessing the crime, and the citizen making the arrest must be a direct witness. Waiting to arrest him later or arresting him because your friend told you about the actual crime are reserved for police, exclusively.



Assault and battery are both breaches of the peace at the misdemeanor level here. Some states classify a paintball gun as a real weapon, so in those states, him shooting one at you may be a felony. But Washington doesn't, so it's a misdemeanor.



The proper procedure for the arrest is to approach him and inform him he is under citizen's arrest. Immediately (or possibly while you walk up to him) dial 911 on your cellphone, or call 911 as soon after the arrest as possible if you don't have a cellphone. Inform the dispatcher you've made a citizen's arrest, what the arrest was for, your exact location and request a uniformed officer. Stay on the line with the dispatcher until police arrive. Perhaps even use the speakerphone function if you have it, so the phone can capture what the arrested individual is doing as well. Video cameras are useful here too, if your phone can take video while making calls.



If the arrested individual resists, Washington law does not distinguish between citizen's arrest and police arrest; Resisting either is a crime. However, restraint must be proportionate. Wrestling is probably okay, punching isn't okay, pro wrestling definitely isn't. However, this changes if the arrested individual attacks you as part of that resistance; At that point, your right to self-defense kicks in, though again, proportionate force is required.



It's worth noting that nothing in Washington state law renders a uniformed police officer immune to citizen's arrest. There is a law on the books that makes forcibly disarming a police officer a crime, but exceptions exist to that law for two circumstances: A judge can order an officer disarmed (even if it's a citizen who actually does the disarming), and if an officer under citizen's arrest attempts to use his weapons to resist or escape arrest, then he can legally be disarmed.
Charlotte
2016-06-04 01:24:21 UTC
1
anonymous
2017-01-15 17:51:09 UTC
Citizens Arrest Washington State
Randy
2012-02-04 12:35:18 UTC
The whole concept of a "citizens arrest" is antiquated and really has no relevance in society any more. Someone is under no obligation to comply with a citizen attempting to make an arrest and if they try to use physical force, and the arrestee fights back, it's not as though the person can be charged with resisting arrest. Also, the arresting citizen has no protections against being sued for wrongful arrest or for the excessive force they use. At least a cop has the backing of the department, his/her training and the union for being sued for their lawful actions during an arrest.



Also, not all offences are arrestable therefore a citizen needs to know which offences someone can be arrested for (vice just charged through the administrative process) and which ones cannot....AND under what circumstances an arrest can be made.



If someone were to come up to me and say "stop, I'm making a citizen's arrest and you are now under arrest" the first thing I'm going to do is walk away as I say "f-you". The whole concept of a citizens arrest needs to be stricken from the books and from the collective conscience of society.
?
2012-02-04 12:34:16 UTC
This would be considered an assault and you might get sued by the criminal (seriously) for damages if you caused physical harm to them. You have the right only to call the police and report them and follow them or tell them to stop. Don't tackle someone if you are not a police officer.
Guru Hank
2012-02-04 12:28:51 UTC
No. The 'citizens arrest' is a legal fiction. You have no hope of being covered in law unless you were stopping a serious crime, and that means an armed robbery or something.
Mark
2012-02-04 12:29:45 UTC
You'd be well within your rights to get out of your car, beat the holy crap out of them, get back into your car and drive off! lol
Scarlet
2012-02-04 12:29:00 UTC
NO! america is the stupidest place on the planet, if a robber/rapist broke into your house to murder you and rape your children, and upon entering the window HE BROKE cut him, he can legally sue you for not having a safe home **** like that happens ALL THE TIME


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