Careful Considerations on Citizen’s Arrest

[Elderberry]

USA Carry By Salvatore -June 3, 2020

There is, indeed, a clause in English Common Law for the action of “citizen’s arrest” in which a common citizen, not a sworn law enforcement officer, can arrest and detain another citizen who is committing a crime. This practice is actually rather universal throughout the United States in its acceptance under the law, but it is hardly a practice that should be considered casually. Before proceeding to discuss some of the hazards inherent in carrying out a citizen’s arrest, I will say from the outset that there are relatively few scenarios where this practice should be considered. Restraining, detaining, or otherwise holding an individual against their will opens the citizen doing the arrest to all sorts of legal pitfalls.

There are certainly some circumstances where a citizen might detain a criminal actor.

Perhaps someone breaks into your home and surrenders to you when you put him at gunpoint. However, such circumstances are limited. Outside of holding a criminal actor at gunpoint for the arrival of authorities in the sanctuary of your own home or place of business, detaining people is fraught with peril. Many of the same dangers that manifest in incidents where citizens intervene in the conflict between other parties can surface with a citizen’s arrest. If compelled to “arrest” another individual, what are the motivating factors? What crime did the individual commit? Are you sure you truly witnessed the entire incident play out? Or is there a possibility that you are misinterpreting the situation?

Consider even the more feasible situation of detaining a home intruder at gunpoint; what if the criminal burglar or trespasser flees the premises? Technically, chasing down and detaining the fleeing bad actor might fall under citizen’s arrest. But chasing fleeing criminals is a recipe for disaster that has proven itself detrimental over and over again. As a citizen, the right to self-defense extends only to an immediate threat. When pursuing a suspect that is fleeing, you are no longer facing an imminent threat. Therefore, should a violent altercation unfold, the umbrella of self-defense can be quickly lost. It is for this reason that citizen’s arrest has little place in the real world, save for very specific circumstances. Consider the following:

Loss of Innocence

More: https://www.usacarry.com/considerations-citizens-arrest/

[txradioguy]

what if the criminal burglar or trespasser flees the premises?

At that point the threat to your and your property is gone.  Wait for the cops and give them the best description of the perp that you can.

[Cyber Liberty]

At that point the threat to your and your property is gone.  Wait for the cops and give them the best description of the perp that you can.

As the article states, if he flees, you lose the umbrella of self-defense.  Just like those two guys in Georgia a month or two back.

[Elderberry]

As the article states, if he flees, you lose the umbrella of self-defense.  Just like those two guys in Georgia a month or two back.

Now in Texas, but only at night, you can shoot to kill to prevent the loss of your property. If he's running off with your goods at night, you can chase him down the street, and shoot him.  But if he drops the goods, you can no longer shoot.