Recently, some friends and I were irritated by a group of loud beer-drinking yahoos at a local park. They seemed to find amusement in loud shrieks, bad radio, and chucking beer bottles into the beautiful lake that highlights the area. While womdering about what to do, one of my friends casually suggested we make a “citizen’s arrest”. But since no one could agree on just how to do it, and we ended up cleaning up the area after the boorish partiers left. On the way home I got to thinking, “Damn! There are a lot of scofflaws running around this area. What with speeders, the publically intoxicated, red -light runners, loud boom boxes, tailgaters, etc. etc. running about maybe I have some power to do something about it other than call the police (who never seem to have time for the small stuff).” So how about it? Anyone out there know what you have to do to make a “citizen’s arrest”? If they won’t come down to the station with me, can I additionally cite them for resisting arrest? Or is the “citizen’s arrest” just a fabrication from movies and TV. Any answers from the millions would be appreciated, as I’m itching to clean up this town!
In California, I believe that there are three cases in which a citizen’s arrest is allowed:[ul][li]An offense committed or attempted in my presence.[/li][li]A felony committed (not necessarily in my presence.)[/li]A felony has been committed and I have reasonable cause to believe the person I’m arresting has committed it.[/ul]That being said, I think you’re better off calling the authorities or finding one of those spotlights at a car dealer and sending the bat signal. If you want to clean up the town, you might be better off grabbing a broom.
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The reason why it’s not recommended to perform a citizen’s arrest is that if the arrest is wrongful there is a good chance that you’ll get sued. Do you know what constitutes a felony? Do you even know enough about the law to determine what a crime is? And could your prove beyond doubt that the person you arrested is the one that committed the offense?
In any case, I commend you for cleaning up the area after the fun-loving louts had left.
Not to mention if there are a half a dozen of them and a couple of you, they might just resist, and that could get “messy”.
Messy/Entertaining…toe-MAY-toe/toe-MAH-toe
However you want to say it, that’s when the “encounter” gets fun. 
If you say it, mean it. If you mean it, do it.
If you do it, live it. If you live it, say it.
Joe Cool
Cecil’s commentary on citizen’s arrest.
- Rick
Thanks, Rick. I couldn’t find that one in the archives, doubtless because I insisted on including the apostrophe. Oh, and because I only spent about 30 seconds looking.
NYC IRL III
is on April 15th. Do you have what it takes?
Where I live there was once a case of a “vigilant” adult spotting someone who looked “underage” carrying two forty ounce bottles of malt liquor. He asked the kid to produce an ID, but the kid didn’t do so. Why the hell should he have had to? The guy wasn’t a cop. Well, the adult got the idea to “detain” the kid while calling for someone to contact the police. Turns out the “kid” was 22, but looked young for his age and ended up with a broken rib or two. Said “adult” won’t be performing any “citizen’s arrests” any time soon, thankfully. I say, unless the wrong doer has done something directly to you or your property, either call the police and let them handle it or mind your own business.
I had one “Citizens’ Arrest” call from an overzealous neighbor who broke up a noisy block party with a hunting bow and detained several people for “breach of peace”.
To make a long story short, we arrested him and told the party to keep it down to a dull roar. They complied and the entire evening was sweet after that. He kept whining that he didn’t want to disturb us with a call that he could’ve easily taken care of. I wanted to tell him if it was so easy to take care of, then why are we hauling you off to county jail on an assault and illegal detainment charge. But, I did read the goober his rights, and silence was his best defense.
I mean, it wasn’t like I had a complex brain surgery to be scheduled for on that shift. We weren’t even close to busy. At the time of the call, I was hangin’ out on the county fishing pier on the Gulf trading fishing stories with other liars.
At least give us a call before you go traipsing off and getting yourself hurt or sued. I’m sure the other Dopers with more legal knowledge than me have more that impressed upon anyone the differences between infractions, misdemeanors, and felonies, along with where a Citizens’ Arrest fits into that picture. A little knowledge is sometimes not a good thing.
…send lawyers, guns, and money…
Warren Zevon