Citizens arrest vs police arrest?

I recommend that you do not attempt to make a citizens arrest.

If you do not know exactly what you are doing and make the slightest mistake you could be guilty of a crime yourself.

I recommend that you do not make a citizens arrest unlest a Police Officer recommends that you make a citizens arrest.

It is extremely rare that will ever happen.

Citizens Arrest California

California Citizens Arrest

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You correct. I have worked in and studied the Private Security Field for years. You should know, however, that all experts recommend you do not attempt a citizen's arest for many reasons:

1) If it is not a felony, but a misdemeanor, you will probably be sued.

2) If you don't have the proper training on law you will probably be sued.

3) If it is a Law Enforcer you will probably be beaten, assaulted, or killed.

4) It is highly dangrous to life and limb without proper training.

Yes, you CAN make a citizen's arrest for ANY crime, but you should not ever do so unless it is a felony because you require two or more witnesses otherwise along with a damn good amount of proof. YES, you are not required to read Miranda Rights. YES, you can always use force to detain, but you need to be absolutely certain and able to proof you are correct, or you will spend your entire life paying for a lawsuit.

It is not really illegal to resist a citizen's arrest, but the criminal may be charged and/or sued with assault if they do!

I wouldn't detain them for more than an hour if the police did not arrive. However, in that time I would attempt to gain information from them to give to the police.

If you are under a citizen's arrest they CAN transport you without consent provided they have already made the commitment and are willing to suffer the possible consequences - citzens are not immune from screw-ups like law enforcers.

If you are under a citizen's arrest the best thing you can do is IGNORE the citizen, give them no information, and leave the seen immediately.

DONT DO IT! You are just setting yourself up for liability, injury, and possibly death. Citizens are not trained in how to handle a situation like an arrest. I know of many states that are thinking of abolishing citizens arrest all together. None of them know of the use of force. Even private security should not be allowed to detain or arrest, too many gung ho people in that field.

As for miranda rights, you don't get any unless you are under custodial arrest by a police officer. However, whatever you say to the citizen making the "citizens arrest" can and will be used against you because he is still a witness. Also, don't think the police cannot arrest you because its a minor infraction. Most offenses are arrestable, however department policy dictates whether it is necessary to arrest or not depending on the situation. For example, you can be arrested for speeding. Reckless Endangerment if it is above a certain speed. So please dont think you know law without looking things up.

Citizen's arrests are extremely difficult. Citizens do not have the same immunity that police have, meaning that if the arrest is unjustified, they will be charged with false kidnapping. A citizen's arrest is when you witness a felony take place. Reasonable force is allowed, brief detention until the police arrive, no transport.

as a citizen you have all the power to make a citizen's arrest as an officer does, but be careful you can not use excessive force. but you must call 911 immediately and have proper proof of the crime that you are making the citizen's arrest for otherwise you can be charged with assault & battery. I learned this in Administration of Justice Classes at Riverside City College.

Below is an artical about citizens arrest that might help you. Pay particular attention to the legal aspects at the bottom of the artical

United States

Each state with the exception of North Carolina permits citizen arrests if the commission of felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights.[10]

Though North Carolina General Statutes have no provision for citizen's arrests, detention by private persons is permitted and apply to both civilians, and police officers outside their jurisdiction.[11]

Detention of any person is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property. The key distinction between arrest and detainment is that a detainee may not be transported without consent.

The state of Washington does not have a specific statute granting citizen's arrest powers. However there have been several state court decisions rendered that affirm and uphold common law citizen's arrest power for (a) felonies committed in the presence of the person making the arrest or (b) misdemeanors committed in the presence of the person making the arrest provided the misdemeanor also constituted a breach of the peace.

Legal and political aspects

A person who makes a citizen's arrest could risk exposing himself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights are violated.

The level of responsibility that a person performing a citizen's arrest may bear depends on the jurisdiction. For instance, in France and Germany, a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat (note, however, that at least in Germany this results from a different legal norm: "self-defense" and "aid to others in immediate danger"—which are concerned with prevention, not prosecution, of crimes).

intresting ans here, so in other words a private security guard can do nothing to me? since he or she not a police officer they would have to make a citizens' arrest. I guess that uniform and gun they carry is all for show.