I was discussion private security for fan-run conventions on another forum, and someone brought up “citizen’s arrest” as a possible tool. I am wondering how often a citizen’s arrest is attempted, and how often the attempt is legal and successful?
From the “is it legal” standpoint, this site says that citizen’s arrests are generally legal in the U.S., though the specifics vary by state. As a general rule, a citizen’s arrest is legal if the crime (even a misdemeanor) is committed in your presence; it’s also generally legal to use in apprehending someone who has committed a felony, even if not committed in your presence.
The site also notes that (a) specific laws vary by state (not suprising), and (b) if you use citizen’s arrest to arrest someone who hasn’t actually committed a crime, there can be serious liability issues for false imprisonment.
Unfortunately, it doesn’t answer your real question of “how often is it actually done?”
If you are including a security guard arresting a presumed shoplifter - this is essentially a citizen’s arrest and is common. As for other times, I have no idea and presume it is rare in Canada for someone to detain another and take him to an officer forthwith.
I think it’s relevant to the OP that night clubs and bars very rarely / never attempt to arrest anybody. Even violent/ criminal people are just tossed out / excluded.
Since there are 50 different states in the USA, with 50 different sets of rules, one more won’t make much difference:
I know a man who was a factory security guard on staff (not a contractor), who arrested a thief. He resigned after the company decided not to prosecute (the thief was an employee / union member). Successful prosecution would have proved that the arrest was justified: “a crime had been committed”. Lack of prosecution left him vulnerable to the charge of “unlawful arrest”.
If your fan-run convention participants do not want to go down the path of providing testimony in court, on a working day at some much later date, then I suggest that they do not want to go down the path of arresting people.
Actually, all I’m looking for are stats on the number of attempted citizen’s arrests and, if possible, the number of successful citizen’s arrests.
Give us a state.
I’ll narrow it down to the U.S., although this forum I am discussing this with is about conventions all over the world. Any info from individual states will be passed along, of course.
Can’t help you then, but it never happened at any Con or SCA event I worked at.
If you gave a state, I could maybe.
Some states do not even keep records of how many police officer arrests are made.
I’m not asking about citizen’s arrests at conventions only. The conversation about citizen’s arrests in general is taking place at a forum about conventions. I am wondering how often a citizen’s arrest is attempted in the U.S., and how often the attempt is legal and successful?
Pick a state for which there are available stats on the subject, o.k.?
So far I can find no stats for any individual state, so narrowing it down to that level wasn’t much help.
This site points out the wide range of statutes when it comes to citizen’s arrests, from misdemeanors on up to felonies only, to no statute at all.
Citizens Arrest Laws by State - The Solutions Institute (solutions-institute.org)
It’s the kind of thing that doesn’t get counted. (By definition, it’s not something the government does). Perhaps there are some stats on ‘unlawful imprisonment’? That would generate conviction and non-conviction records, if not just grouped into some larger category.
In the US, this usually falls under shopkeeper’s privilege, which varies from state to state but is generally broader than citizen’s arrest… Here in WA, businesses like the one I work for have the legal right to detain a shoplifter for up to four hours before releasing them to the police, to their parents, or to their own custody, so long as several criteria are met - roughly that the suspect is observed selecting an item and they’re continuously observed (such as by video surveillance) until such time as they attempt to leave the premises without attempting to pay.
I don’t have any statistics, so this may not be a helpful response. But back when we looked at the law of citizen’s arrests in Georgia, one of the things that was interesting to me was how many of the judicial decisions discussing it arose out of situations where law enforcement officers were making arrests outside of their jurisdiction (and thus as private citizens). For example, one of them involved a Deputy US Marshal making an arrest for a state crime (which he apparently lacked authority to do in Georgia). I don’t know how common that is really, but it may skew any statistics (both in terms of attempt and success rates).
It worked for Gomer when he arrested Barney.
An old friend was a Target security guard in California, and he didn’t have powers of detention, so he had to KNOW the person had unpaid items and was attempting to leave. If the items were out of sight and might possibly be on a shelf somewhere in the store, carelessly left behind, then he had to let them go. He got involved when he watched them go through the checkout line with the CDs in their pants, or watched them skip the line and just get to the door.
What do you define as a ‘successful’ citizen’s arrest?
- when the arrestee is detained & prevented from leaving the building?
- when the arrestee is held until police arrive, and then turned over to them?
- when the arrestee is actually arrested by those police & booked into jail?
- when the arrestee is charged & prosecuted by the County Attorney?
- when the arrestee is convicted in court?
Any of those might be considered ‘successful’.
How about number 4:
An issue with that, at least in my state is that citizens are indeed privileged to make an arrest for a breach of the peace or any felony committed in his presence. However another section of the code provides that any person arrested must be promptly presented before a magistrate and a complaint filed for a determination if the arrest had probable cause so that the arrestee can continue to be held. The hiccup with that is that the law further forbids anyone but a law enforcement officer from filing such a complaint with the magistrate.
The upshot of all of this is that any citizens arrest can only last long enough to where a law enforcement officer can take over, and then the case proceeds like any other case. So what the OP is looking for certainly wouldn’t be available in my state unless you read every single criminal complaint to see if the complaining LEO stated that a citizen initially arrested the person. And that still wouldn’t give you those citizens arrests where the officer arrived and said, “No crime here, let him go.”