Can I get into legal trouble if I make a citizens arrest?

Question

For example,

1) I'm walking down an alley and some punk kid thinks he can jump me. could I smack him around a little bit then put him under citizens arrest & detain him until the police get there?

2) I see somebody steal a $200 cell phone from a store. Could I tackle him and detain him until the police get there?

If the answer is no, please explain why not!!

Thx!

Answer 1

You sound like a tough guy who has never been smacked around or even stood up to somebody.  You're best off staying home and beating up bad guys in GTA.

But if you ever did grow a pair and actually did what you mention you probably would be sued by the thief for all you own.

Answer 2

It depends on your individual State.  Some State laws permit citizens' arrest, while some don't.  There's some variant in most places, but you'll need to read your own State's laws before deciding on a course of action.

It's probably safest for you (both physically and legally) to keep in mind that this probably wasn't enacted in order to have civilians arresting each other left and right.  It generally works when someone witnesses an attack, robbery, or something similar, and holds the perpetrator for the police.   In addition to the obvious possibility that the perp may be a better fighter than you, you should bear in mind that you may be liable for everything that you do while arresting/detaining the suspect, and even some things you didn't do.  Prepare to be charged criminally, if you're in a State which allows anyone to go to the court and charge each other, as the crooks know the best way to get off easy is to counter-accuse.  With that, you might expect a lawsuit to follow.

I would strongly suggest doing anything like that as a last resort.  Focus on making sure the "victim" is safe, and the suspects are identified for the police.    If you feel you must intervene, you must use only the necessary force and no more, if your State even permits force by civilians.  Again, read first.

Answer 3

i think u can only use necessary force to protect yourself if your in danger or someone else.  and u may contain them.

*don't excessively hurt anyone they will use the security tapes in court (but if ur sure they're are no cameras, i'd say go for it.....that person is more likely a scum bag than anything else)

Answer 4

Why do you think Police Officers are required to attend academies?  Why do you think they are forced to memorize books of laws?  You don't enough about to law (if you have to ask this question) in order to safely make a citizens arrest.

Yes, you can get into serious trouble.  h**l, actual cops get into trouble all the time for "beating the black man", or "excessive taser use".

I

Answer 5

In those 2 cases, Yes

Answer 6

Citizens arrests are legal many places, and nearly always a bad idea everywhere.

In my state, in order to make a citizens arrest, you must have probable cause to believe a crime has been committed by the person AND YOU MUST BE RIGHT.  If you are wrong, you face many serious felony charges and a hefty civil suit.

If someone attacks you, you may use physical force to defend yourself.  Once they stop, and you 'smack them around a little' you have assaulted them, and face criminal charges yourself.

You have no training, no equipment, no radio, no backup, and no idea how the law reads for specific crimes.  That is a recipe for disaster if you go around trying to play cop when you are not.

If you want to arrest people, go to the Academy and become a Police Officer.

Answer 7

YES YES, you can only defend yourself and others by RUNNING AWAY!

Answer 8

In Missouri 2 factors have to come into play.

1.  You have to reasonably believe that a crime was committed in your presence.

2.  The crime did in fact have to take place.

Example:  You see a person running super fast out of walmart with a vcr under their arm and the door way security alarm is going off.  You reasonably believe that he just stole the vcr so you tackle him to the ground and place him under a citizens arrest.  The police get there and find that he did purchase the vcr but that the clerk forgot to erase the security tag.  He was running because his wife just called him and told him that she is about to have their baby.   Guess what?  You would probably be in some trouble.