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Citizens Arrest and Federal Laws?
While I know where I stand when making a citizens arrest of someone who commits a state-level crime in front of me (at least in my home state, Washington), does the same ability to arrest exist if the crime is a federal one?
Say, for example, I witness a violation of Title 18, Part 1, Chapter 13, Section 242 of the U.S. Code that involves the threat of violence (or its actual use). Could I legally perform a citizens arrest of the person who does so?
4 Answers
- 1 decade agoFavorite Answer
The thing about Federal Law is jurisdiction. You probably won't have a lot of opportunity to observe a violation of federal law, whereas most of those violations will be covered under a local jurisdiction and then forwarded to the U.S. District Attorney for disposition. Even as a Federal Officer for eight years, I would take most arrests to the local magistrate for the area I was working and then contact the U.S. District Attorney.
- 6 years ago
Ok after reading some of these I have to make the actually laws clear. The US federal government statues do not cover citizen arrest. You may make a citizen arrest even if you do not see a federal law violated if you believe one has been violated. The courts have made this clear a number of times.
- NikolaiLv 51 decade ago
I would not make a citizens arrest.You will probably get sued for violation of rights.That is what the law enforcement is for.That is like assisting at an accident scene.At least there are good samaritan laws to protect you from being sued.Always be on the lookout for unintended consequences.
Source(s): Always careful in taking action.
