Posted: 2/3/2007 4:15:43 PM EDT
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Is there really such a thing as a "citizen's arrest" ? Example: There is a proliferation of these "real video" crime shows. We get all kinds of criminal behavior caught on tape, from dash cams to store surveillance to amateur vids. Many times, especially in the store surveillance vids, there is usually a civilian "witness" just standing there, in fear, I'm sure. If a CHL holder were to draw down and try to stop the crime, is this legal? What if he tried to detain the bad guy? What if the BG pointed his weapon at the CHL holder, and the licensee fired in self defense? What about if the BG shot someone already, and the CHL holder shoots him? I haven't taken the Ohio CHL class yet, but plan on it in the next few months. I will ask these questions then also, but I just wanted to see how you guys/gals felt about it. |
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Yes except they aren't citizen's arrrest, they are private person's arrest meaning you don't have to be a citizen. You involve weapons you are entering a whole new ball game. I would highly not recommend it unless you are talking about saving lives. Property crimes and PP weapons are a NO NO |
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In CO by using all required force up to and including deadly force....... but you had better be damn sure Jarhead two things Ohio Revised Statutes know it learn it love it :) onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC § 2935.04. When any person may arrest. When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained. Second Semper Fi Now there is a third thing: Regardless of the letter of the law you have to consider: Is it worth killing or dying over What will the libtard DA do * this is double important if the criminal is a protected class eg different skin tone A fourth thing I have not been a sworn officer for 6 years...eg you are getting free advice from someone who is rusty |
yes/no yes: you could call it a citizens arrest no: we would use the words "Victim or Witness"
yes...but why would a citizen put his life and maybe your family in jeorpardy
your life is more important than the bad guy.."nobody points a weapon to me"..thats my personal opinion if you shoot him...be prepared for a long interview with the police and having your firearm confiscated until the Attorney Generals Office clears the case, including your firearm, which could take months and possibly until that statute of limitations expire |
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In Georgia, as a citizen you can ONLY legally present a firearm to: Stop the immediate threat of death or serious injury of yourself or someone else. A citizen's arrest is allowed by law if you personally witness someone in the act of comitting a felony, but there is no provision for you to 'draw down' or present a firearm in order to detain someone during such an arrest. These types of arrests are discouraged due to physical danger and legal implications - as the state does not provide legal support for someone making such an arrest. There is no statute that can prevent the criminal or their attorney from filing charges and getting a warrant on you for terroristic threats and acts, unlawful detention, false arrest, impersonating a police officer, or kidnapping. These would more than likely be bullsh*t charges that would never stick - but you would still have to make bond and pay for a legal defense out of your own pocket. This sounds insane - but are living in a liberal world that allows such insanity. I'd personally recommend just trying to get some good identifying information rather than trying to do a citizen's arrest. If a life was in danger - I would use lethal force with my CCW, but I would never present a firearm unless I were definately going to use it and be 110% justified in my decision. Keep in mind, if an alarm was triggered and a rookie or undertrained LEO runs in the door and sees you there with a firearm - you could be shot because the officer thinks he/she is preventing the immediate threat of death or serious injury to someone. Such things have happened before... |
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A civilian detaining some one occurs but rarely do you see the whole arrest(cuffed and off to jail) we come in and finish off what you handled up on. A life or death situation affords you only seconds to decide and a DA/jury gets all the time they need to gather the opinion they make on your freedom. Look at what you stand to loose and if anything you will gain if you exercise this with a weapon defending a third person. The jury is a toss up and they seem to get the oddest results sometimes. Think of how much money it will cost you and your family to fight a case, if it is you defending your family or self the answer is simple, most officers have the department behind them as well as Union/Associations defense programs; you would be on your own. I hope your CHL class sheds more light on this, GOOD LUCK!!! |
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Yes. BUT. You would need to bone up on your State Stats. Each state county and municipality will differ. As a CCW/CHL holder you may want to remember that your weapon is for defensive purposes only. (Imagine being sued for violating someones civil rights) You will hear of officers who say be a good witness while off duty. Sometimes it's hard to do. In other words. Choose your battle. Don't put your self at risk. It's easier for someone to testify as a witness instead of someone who's knee deep in the stuff. But by all means this doesn't mean don't defend yourself, friends and or family. Unless they are crazy and causing the problem 
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The correct answer depends heavily on the jurisdiction you live in as many of the laws are not uniform. In Indiana a private citizen may arrest for a witnessed felony. All the rules that apply to LEO's apply to the civilian arrest so a person can use reasonable necessary force to effect an arrest. That said, a civilian doesn't have the benefit of training and experience. A civilian making an arrest is a dangerous both physically and legally. For one, a felon will not likely submit to your authority. Two, you don't have handcuffs, spray, etc. All a civilian will be able to do is to obtain compliance with verbal command and possibly point a weapon (only if required due to the totality of the circumstances, ie physical danger). The best rule here is simply don't do it unless it is absolutely necessary. If someone's life is at stake, I will never tell you to stand by and watch. Just be certain that you can justify your actions later and be mindful that incoming LEO's may believe you to be a suspect as well. Food for thought: some of the reasons this decision is difficult present themselves to us every day with every arrest. Just one reason our job is so difficult. |
You wouldn't have to... regardless of the letter of the law a moral man will use the tools at his disposal to prevent harm to an innocent, I will take a look later but I don;t know of any state where you can not use deadly force to prevent death or injury to another |