Citizens Arrest

bigD1031 · 02-17-2006, 07:35 AM

Ok correct me if a am wrong. If I as a citizen see another individual commit a crime, say running down the street naked, I can call a police officer and make a citizens arrest and have that police officer ticket/arrest that individual. I am then responsible for testifying against that person in court. Is it limited to a felony/misdemeanor?

jim schmidt · 02-17-2006, 09:48 AM

Dude, pick a better crime. That's just good entertainment! ;-)

OFFICER737 · 02-17-2006, 03:11 PM

Quote:

Originally Posted by jim schmidt

Dude, pick a better crime. That's just good entertainment! ;-)

Good reply!

It is not limited to a particular crime. You can press charges against people for any crime you see committed in your presence.

G-Daddy · 02-17-2006, 03:13 PM

Okay, so say I have a certain moron who lives on my street, and she likes to drive her car up and down the street at well over the posted speed limit - could I then walk up to her and make a citizen's arrest?

OFFICER737 · 02-17-2006, 03:16 PM

Quote:

Originally Posted by G-Daddy

Okay, so say I have a certain moron who lives on my street, and she likes to drive her car up and down the street at well over the posted speed limit - could I then walk up to her and make a citizen's arrest?

Call your local police dept. and have them come out. Both will confront the person and the officer will fill out the citation and issue it for you but you will have to give a speed, date, time and other specific information. You will also have to appear in court to prosecute the case yourself.

Spike · 02-17-2006, 03:26 PM

The problem with that I see is the speed. If you're not trained to know speed simply by watching a car (like how LEO are trained), she is going to argue that you have no authority to make such judgements. Now if you get a radar gun you're in business lmao.

OFFICER737 · 02-17-2006, 03:32 PM

Quote:

Originally Posted by Spike

The problem with that I see is the speed. If you're not trained to know speed simply by watching a car (like how LEO are trained), she is going to argue that you have no authority to make such judgements. Now if you get a radar gun you're in business lmao.

Yeah she can fight that point in court! But then again you can buy radar guns off eBay these days. Nice ones too!!

Spike · 02-17-2006, 03:32 PM

Even if you got a radar gun she could argue about the calibration of it as the police dept won't have had anything to do with it's calibration so she might fight that as well.

Spike · 02-17-2006, 03:35 PM

If you know when she is usually speeding you could call a police officer out to sit somewhere and actually catch her speeding....

OFFICER737 · 02-17-2006, 03:36 PM

Quote:

Originally Posted by Spike

Even if you got a radar gun she could argue about the calibration of it as the police dept won't have had anything to do with it's calibration so she might fight that as well.

True but some sellers also apply their calibration sticker on them also. I know of one seller on there that repairs them and sets the calibration for the depts. in their area. On the units he sells he puts the certification sticker on them also guaranteeing the calibration for 1 year.

Jiggly · 02-17-2006, 03:50 PM

Quote:

Originally Posted by OFFICER737

True but some sellers also apply their calibration sticker on them also. I know of one seller on there that repairs them and sets the calibration for the depts. in their area. On the units he sells he puts the certification sticker on them also guaranteeing the calibration for 1 year.

I can calibrate them, but not allowed to at this job

OFFICER737 · 02-17-2006, 03:54 PM

Quote:

Originally Posted by Jiggly

I can calibrate them, but not allowed to at this job

Good side money in it from what I hear. Depts. pay guys to come around and do it and they get paid per unit.

FormerHR · 02-17-2006, 03:59 PM

Check your local laws, here in Texas "citizens arrests" are limited to felonies and breaches of the peace. You call me out to write a ticket to a lady speeding up and down your street I'm gonna direct you to a JP court where you can file the case yourself.

OFFICER737 · 02-17-2006, 04:14 PM

Quote:

Originally Posted by FormerHR

Check your local laws, here in Texas "citizens arrests" are limited to felonies and breaches of the peace. You call me out to write a ticket to a lady speeding up and down your street I'm gonna direct you to a JP court where you can file the case yourself.

Good info there! Here (TN) we have to go the other route.

bigD1031 · 02-17-2006, 05:49 PM

Thanks guys, I appreciate the info!!