Parameters to make a citizen arrest:
Most of the States only allow one to make a citizen’s arrest if a person commits a felony in a citizen’s presence. One could also be arrested if they aren’t seen commit a crime but suspected reasonably that he/she person has committed a crime.
The state statutes determine whether a citizen can make an arrest or not. Every state has different laws regarding various scenarios.
The legislation that defines a citizen's powers of arrest:
The legislation that allows a person, to make a citizen's arrest, states:
- A person who isn’t a part of the police force may arrest another person without a warrant if he/ she are sure on reasonable grounds that another person is committing or has just committed a crime.
- A person who arrests another person should, soon after the arrest take the suspected criminal to a safe place and isn’t harmed until delivered into the police custody.
- Legally it’s a citizen’s duty to inform suspected person why he/she has been detained. (Police.act.gov.au, 2014)
General guidelines about powers of arrest:
- A person may arrest another person if he has indirect evidence that the suspected criminal has committed an offence.
- Only reasonable force is permitted to use while detaining the suspect. If more than reasonable force is used the citizen may be charged with assault. (Constitution.org, 2014)
Using force when detaining someone:
The suspect may be used force upon in the following circumstances:
- Firstly, if a suspect tries to harm a person or his property then a citizen is allowed to use extra force, in self-defense.
- Secondly if the suspect tries to run away from the spot of crime so in that situation a force to prevent the suspect from fleeing away. (Textfiles.com, 2014)
Scenario:
A person has been seen trying to unlock the car, with an instrument other than keys. He had suspicious expressions and body language. I noticed him a bit carefully as he looked here and there several time talked on the phone with somebody and there stood another person a few steps away from him, monitoring environmental activities, he was his partner.
As I stood in my office and watched this happening through the blinds of my window, I couldn’t resist and thought that he could open the car lock any moment and run away. So I ran out of my office and told another colleague of mine. I went up to him asking him whose car it was. Just like me he didn’t have any idea about it either. So I asked him to accompany me and so he did. Both of us ran down the stairs unwilling to wait for the lift.
As I reached reasonable steps away from him, unnoticed by that other person who was observing surrounding activities, I asked my friend to arrest that other person if he comes to harm us while I would arrest the person who tried to rob the car. So I went near him and exclaimed “Hey stop! I’m here to arrest you, stop trying to unlock the car you are under arrest.” And I ran towards him. The other person who was monitoring surrounding activities ran towards us, but my colleague held him and asked him politely to surrender. I did the same with the suspect; in a panic he couldn’t do anything but surrender to us. I then called the police immediately while taking him and his partner towards my car and made him sit there until the police came. (The Art of Manliness, 2014)
References
Constitution.org, . (2014). Citizens' Arrest. Retrieved 23 November 2014, from http://www.constitution.org/grossack/arrest.htm
Police.act.gov.au, . (2014). Citizen's powers of arrest - ACT Policing. Retrieved 23 November 2014, from http://www.police.act.gov.au/en/crime-and-safety/for-act-businesses/robbery-and-theft/citizens-powers-of-arrest.aspx#legislation
Textfiles.com, . (2014). Retrieved 23 November 2014, from http://www.textfiles.com/law/crimeftr.022
The Art of Manliness, . (2014). How to Make a Citizen’s Arrest. Retrieved 23 November 2014, from http://www.artofmanliness.com/2011/12/06/how-to-make-a-citizens-arrest/
