Question:

Questions about citizen's arrest/private arrest???

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In the State of Maine, is it legal to make a citizen's arrest/private arrest?

Sometimes, where i live, cops just wouldn't be there in time to catch the criminal. So if i chase after the person, and detain them until the police arrive, is that legal?

Do i have to say the Miranda Warning to them when i detain them or anything?

I have the ability to detain and hold them still, but i want to make sure i can't get into trouble for it. Is there anything i should know?

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4 ANSWERS


  1. You have to witness a misdemeanor, but not a felony, for an arrestable offense. You do not have to read them their rights, that is reserved for any duly-sworn Law Enforcement official. If the crime is serious, you can hold them for law enforcement, but be careful. If they are found innocent in a court of law, they can sue you for unlawful detainment.


  2. Not certain about Maine and your citizens arrest rights, but in every state I do know of, this can only be done in the even of a felony you witness, and you are not authorized to use physical force to detain the individual.  Be certain before you act.  Afterward is too late.

  3. Just knock them on the head and slap the cuffs on them and wait for the cops. In some states it's OK to use deadly force on home intruders. You will need to check your local laws to be sure of what you can do. The way I see it is that if you are willing to commit a crime you better be ready to accept the consequences no matter how bad.

  4. Every state is somewhat different, but there is a long legal history of citizens arrest in the United States.  Go here for more;  

    http://www.constitution.org/grossack/arr...

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