Citizen's Arrest: When and How

[SemperFiGuy]

Citizen's Arrest:

What are the Rules?

Well, as usual, each state has different rules.   (That's the Wonder of the Federal System.)

Here's a good place to start for some general guidelines:

http://www.wikihow.com/Make-a-Citizen%27s-Arrest

Whether you are the Arrestor or the Arrestee, it's a good idea to have some sense of what's what with this particular category of detention.

sfg

[Gary]

Better have a good reason, false arrest at best, or false imprisonment or kidnapping at worst, is the charge you could face if you outstep your authority. 

If someone is doing something serious enough to deem CA, there is likely to be a major conflict in the apprehension of said individual.   I am very likely to walk away from such a conflict. 

Why the interest in CA?

[AAllen]

We have a couple of attorneys on here, and I would love to here their opinion.  I have always been of the opinion that Nebraska does not recognize Citizens Arrest, so any clarification would be welcome.  What are the laws for Nebraska and is there case law to back that up?

[SemperFiGuy]

Why the interest in CA?

Kinda convoluted, but here goes:   I like to watch COPS on tv.   A recent COPS program was followed by another on shoplifting, wherein a private security company manned store cameras and apprehended shoplifters.

Some shoplifters were aggressive and physically resisted detention, which resulted in them being taken down, hard.   Question came up:  By what authority are these security folks acting, since they could be construed as committing some form of assault and/or battery?   And maybe unlawful detention or kidnapping.

Started checking it out.    Some states, such as Nebraska, have special storeowners' protection statutes, allowing such physical detention.   And also exempting storeowners, employees, etc. from false arrest charges.  Others allow detention under citizen's arrest common law.   All of which seemed to call for further inquiry.

So anyhow, that's the general story.   And--as your post indicates--the citizen must be very careful to adhere to the established relatively narrow guidelines for effecting a citizen's arrest.   If a firearm is part of the apprehension, it's a whole 'nuther story.   CHP-ers beware.

Interesting topic.

I am very likely to walk away from such a conflict. 

Guy walking away next to you may well be me.

sfg   

[SemperFiGuy]

What are the laws for Nebraska and is there case law to back that up?

29-402. Arrest by person not an officer.

Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.
Source

    G.S.1873, c. 58, § 284, p. 789;
    R.S.1913, § 8938;
    C.S.1922, § 9962;
    C.S.1929, § 29-402;
    R.S.1943, § 29-402.


Annotations  (Case Law)
Evidence seized pursuant to an unlawful citizens arrest may still be admissible in absence of a showing of state action. State v. Houlton, 227 Neb. 215, 416 N.W.2d 588 (1987).

Jury award of five thousand dollars damages sustained against a private citizen who procured the unlawful arrest and detention of plaintiff. Huskinson v. Vanderheiden, 197 Neb. 739, 251 N.W.2d 144 (1977).

A police officer may arrest without a warrant when it appears that a felony has been committed and there are reasonable grounds to believe that the person arrested is guilty of the offense. State v. O'Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963).

This section shows intent that provisions of this article apply to felonies and misdemeanors alike. Morrow v. State, 140 Neb. 592, 300 N.W. 843 (1941).

Arrest by private person, with cause to believe party arrested had committed a felony, was legal. Simmerman v. State, 16 Neb. 615, 21 N.W. 387 (1884).

Crime of which person arrested is suspected must have been committed. Kyner v. Laubner, 3 Neb. Unof. 370, 91 N.W. 491 (1902).

Search incident to arrest by Treasury Department agents was proper when agents saw revolver protruding from rear pocket of defendant who was trying to avoid them. United States v. Carter, 523 F.2d 476 (8th Cir. 1975).

Cited in determining that postal inspectors had probable cause to arrest defendant for carrying concealed weapon, a state felony. United States v. Unverzagt, 424 F.2d 396 (8th Cir. 1970).
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So there you have it.

sfg

[bullit]

Yes, interesting topic with regards to attempted detention by "Paul Dart, Mall Cop"

My two cents for us average civilians....NOT as an attorney, but having taken some 80 hours of LCE in Justifiable Homicide....one of the things pointed out in these seminars on CA is safety.  LEOs if given the opportunity will ALAWYShave another LEO present when making an arrest.  A civilian (this is my opinion) is foolish to do so while alone.  If one is able to keep suspect safely at gun point...then all should be well.  To approach and attempt to handcuff/hog tie/whatever by oneself would be plain foolish (my opinion).  Outside of that a civilian is under NO legal obligation to "arrest" or prevent a criminal act. 

[Kendahl]

Before intervening in an altercation, you need to be absolutely certain who is the good guy and who is the bad guy. That isn't always obvious. See Grant Cunningham's take (http://grantcunningham.com/blog.html) on an incident originally reported by Greg Ellifritz (http://www.activeresponsetraining.net/a-cautionary-tale-for-ccw-permit-carriers).