# Citizen's arrest

**URL:** <https://boards.straightdope.com/t/citizens-arrest/476890>\
**Category:** Factual Questions\
**Created:** [December 12, 2008, 3:50pm UTC](https://boards.straightdope.com/t/citizens-arrest/476890 "2008-12-12T15:50:38Z")\
**Posts on this page:** 7\
**Page:** 2

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**Author:** ![St.Urho](https://avatars.discourse-cdn.com/v4/letter/s/8e7dd6/32.png) [@St.Urho](https://boards.straightdope.com/u/St.Urho)\
**Post date:** [December 16, 2008, 2:35am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/21 "2008-12-16T02:35:19Z")

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> [@Mr.Slant](#):
>
> Doesn’t seem like it’d be too tricky if you had a taser handy.  
> The assertion that it’s impossible to take them down seems rather silly, given the number of officer deaths every year.  
> I just read a copy of Tactics for Criminal Patrol: Vehicle Stops, Drug Discovery and Officer Survival, and there are tons of bad situations they get into every day.  
> The real problem is backup; if an officer is trying to arrest you without backup, you’ve got a shot. Arresting a pair of cops without killing one or both goes into the realm of highly unlikely.  
> It seems like doing this would work much better if you had a dozen friends and a handful of tasers…

Would a taser conduct through an armor vest, though? IME, that’s where the probes end up most of the time (I’m often the one who takes them out).

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [December 16, 2008, 9:05am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/22 "2008-12-16T09:05:01Z")

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> [@Huerta88](#):
>
> The common law recognized a citizen’s right to use whatever degree of force – up to deadly force – against a policeman arresting him without probable cause and/or a valid warrant.

Completely wrong. The courts have ruled repeatedly that there is no right to resist even an illegal arrest, so long as the only threat to the person is the loss of freedom.

If you can prove that you had good reason to believe that the cops were really going to beat or kill you, then you can fight back.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [December 16, 2008, 9:06am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/23 "2008-12-16T09:06:10Z")

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> [@Mr.Slant](#):
>
> Doesn’t seem like it’d be too tricky if you had a taser handy.

Perhaps, if you got the drop on me. However, if someone ever points a Taser at me, I will be using my Glock on them.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [December 16, 2008, 9:07am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/24 "2008-12-16T09:07:12Z")

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> [@St.Urho](#):
>
> Would a taser conduct through an armor vest, though? IME, that’s where the probes end up most of the time (I’m often the one who takes them out).

Yes, it will. When we had Taser training, my Deputy Chief let them shoot him in the back while he was wearing his vest. It took him down quite effectively.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [December 16, 2008, 9:09am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/25 "2008-12-16T09:09:47Z")

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As to the OP: as will all legal questions, it depends on your jurisdiction. However, if there are laws allowing Citizen’s Arrests, and you witness a law enforcement officer breaking a law that would permit such an arrest, than I’m certain you would be legally able to arrest the officer.

As everyone else has pointed out, this would never work in real life, of course. You would be much better off to document it and report it to the correct authorities.

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**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\
**Post date:** [December 16, 2008, 9:10am UTC](https://boards.straightdope.com/t/citizens-arrest/476890/26 "2008-12-16T09:10:39Z")

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In Spain a citizen can’t arrest anybody: a citizen can restrain someone while waiting for the cops, but only cops can arrest.

That said, the “someone” that can be restrained includes cops (on or off duty), as the criminal code is the same for everybody. There have been cases of a cop commiting a violent crime off duty and being restrained by neighbors or family (who started by making very, very sure to take away any weapons he had and hide the knives).

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**Author:** ![St.Urho](https://avatars.discourse-cdn.com/v4/letter/s/8e7dd6/32.png) [@St.Urho](https://boards.straightdope.com/u/St.Urho)\
**Post date:** [December 16, 2008, 11:58pm UTC](https://boards.straightdope.com/t/citizens-arrest/476890/27 "2008-12-16T23:58:57Z")

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> [@Thalion](#):
>
> Yes, it will. When we had Taser training, my Deputy Chief let them shoot him in the back while he was wearing his vest. It took him down quite effectively.

Interesting, thanks!

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