Citizens Arrest?

[Ruger Lady]

I'm wondering if people truly know what entails a "citizens arrest". As I understand, it means YOU must take the BG into custody then take him/her to the police. We're not talking about holding a BG while waiting for police to arrive. I'll post part of the New York Law.
Now this is just PART of the law but it give you a fair idea of what you'd be getting into.

S 140.30 Arrest without a warrant; by any person; when and where authorized.
1. Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
2. Such an arrest, if for a felony, may be made anywhere in the
state. If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.

S 140.35 Arrest without a warrant; by person acting other than as a
police officer or a peace officer; when and how made.
1. A person may arrest another person for an offense pursuant to
section 140.30 at any hour of any day or night.
2. Such person must inform the person whom he is arresting of the
reason for such arrest unless he encounters physical resistance, flight
or other factors rendering such procedure impractical.
3. In order to effect such an arrest, such person may use such
physical force as is justifiable pursuant to subdivision four of section
35.30 of the penal law.

S 140.40 Arrest without a warrant; by person acting other than as a
police officer or a peace officer; procedure after arrest.
1. A person making an arrest pursuant to section 140.30 must without
unnecessary delay deliver or attempt to deliver the person arrested to
the custody of an appropriate police officer, as defined in subdivision
five. For such purpose, he may solicit the aid of any police officer
and the latter, if he is not himself an appropriate police officer, must
assist in delivering the arrested person to an appropriate officer. If
the arrest is for a felony, the appropriate police officer must, upon
receiving custody of the arrested person, perform all recording,
fingerprinting and other preliminary police duties required in the
particular case. In any case, the appropriate police officer, upon
receiving custody of the arrested person, except as otherwise provided
in subdivisions two and three, must bring him, on behalf of the
arresting person, before an appropriate local criminal court, as defined
in subdivision five, and the arresting person must without unnecessary
delay file an appropriate accusatory instrument with such court.

[kwo51]

The key word here is felony>FELONY

[toreskha]

There's no reason to do a citizen arrest, and it's too risky for most people undertake in most situations. Part of the point of having a police force is to take liability off citizens for issues that are legally complex. It's not worth paying a lawyer and going through the hassle, and then possibly having something on your record.

If someone is threatening you or someone else with deadly force, you can shoot them in self-defense. If they run away, let the cops track them down. If they fall, let them lie there until the cops show up. If you're very confident and don't want to shoot them, then beating them into submission is always a possibility.

If someone is just committing a crime (vandalism, trespassing), your best bet is to take pictures if possible and call the cops. If they run, let them run.

I don't even see a real reason for citizen arrests; they mostly just seem like a good way to get sued or end up in jail.

[BikerRN]

I don't even see a real reason for citizen arrests; they mostly just seem like a good way to get sued or end up in jail.

+1

Biker

[kwo51]

All of which is going to happen if you shoot! He was such a good little boy.

[BikerRN]

All of which is going to happen if you shoot! He was such a good little boy.

Yes it is, but I am concerned with how something will appear to someone not smart enough to get out of jusry duty.

For me, forgive me for sounding like an Insurance Agent or an attorney, it's about limiting my exsposure to liability, both criminally and civilly.

Biker

[toreskha]

Originally Posted by kwo51

All of which is going to happen if you shoot! He was such a good little boy.

If you have a really good reason to make a citizens arrest, then it must be one in which your life is in danger, which means you can fire in self-defense, which means there's no arrest. If it's not a life-threatening situation, then it's not a big deal.

[kwo51]

That was my point,after 2 rounds cm and he is still alive place him in citizens arrest. Over kill could be a problem.