[NightWing]

Originally Posted by SIKSUKR

Can't any of us make a "citizen's arrest" till a leo shows up or is that some old wives tale?Skip?

From Wikipedia

United States

All states permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are liable before both the civil law and criminal law for any violation of the rights of another. In the United States, the police do not have to determine the legality of the citizens arrest and this practice has been greatly criticized.

The State of North Carolina Supreme court has passed down the decision that in the state of North Carolina there is no such thing as legal citizen's arrest. However, if a citizen witnesses the commission of a felony, he may detain a subject for just as long as it takes local authorities to arrive. This is referred to as a citizen's detention, rather than a citizen's arrest.

Citizens Arrest as a form of Vigilante Justice

Citizens arrest has been criticized by legal and human rights activists who have labelled it as vigilante justice. Critics claim that it promotes a lynch mob mentality. [3].There are many instances where citizens arrest has been abused in the United States.The practice of citizens arrest and bounty hunting has led Professor John Langbein of Yale Law School to call the American Justice system "Amazonian".

Legal and political aspects

Most law enforcement officials discourage anyone from performing a citizen's arrest, especially where physical force is involved (see Monopoly on the legitimate use of force). A person who makes a citizen's arrest could risk exposing themselves 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).

Personal safety

The act of making an arrest may be dangerous in several senses. First and foremost is the likelihood that the arrest will be resisted, possibly with force or even a weapon. Further, the typical private person is not trained or equipped to carry out an arrest safely—even security guards who are familiar with citizen's arrest may lack sufficient training. As well, many legal jurisdictions consider the citizen's arrest to be a special case where any mistake by the arresting party may result in civil or criminal liability. Excessive force may result in criminal charges against the arresting party.

In areas where police services are available, anyone witnessing a serious crime is usually advised for their own safety to notify the police rather than attempting direct intervention. Even if intervention is attempted, the safest objective may be to scare off the assailant or criminal rather than to attempt to take them into custody. In addition, it is also advised that anyone witnessing a crime also focus on trying to remember as much detail as possible such as the appearance of the criminal in order to supply the police with information.