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Citizen's Arrest: Nebraska

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SemperFiGuy:
S'far as I can recall, this issue has not been discussed on this Forum.   But it is interesting to consider.
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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
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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Anybody ever done it??

sfg

ghknives:
Don't know if it would be considered an arrest but a few years back I chased down and forcibly restrained a gang banger after he crashed through a large plate glass window in the business my wife managed. Police were called, responded and hauled the kid off. No repercussions from LEO or gang

SemperFiGuy:
Wuz certainly a detention, that one.

[Which is more usually the case in "citizen's arrests."   Citizens detain; police arrest.]

sfg

GreyGeek:
A LOT depends on what he  was doing when you decided to "arrest" him.  Assault & battery on another person,  shoplifting, Urinating on a public sidewalk, armed robbery, etc....

Well, for starters, you would have to be physically bigger and stronger than the person you decide to "arrest".   I doubt he would be nice and wait around for you until the LEO arrives.  If you were physically restraining him, i.e., holding him by a hand, or his shirt, or his belt, or setting on him,  he could accuse you of assault and "arrest" you.  Then it becomes "he said, he said", which it will be anyway when the LEO comes.

Say you have a CHP and are carrying.   Do you pull you weapon, point it at him and tell him to "freeze"?   If he does, fine.   But, what if he doesn't and starts running?  Would you shoot him? 

If you aren't armed then matters go from bad to worse if he turns out to be armed and threatens to and/or does shoot you, claiming you assaulted him and he was "afraid for his life", especially if you are bigger than he is.  Or, he simply shoots you and walks away.  No witnesses no capture. 

If you are armed and the crime he is committing is what you believe to be a misdemeanor, would you pull your weapon to scare him into compliance?  And, like above, what if he doesn't comply? Do you shoot?   What if he sees your weapon and pulls his?  You are now in a gunfight for you life.  If it is just over damaged or stolen property then the risk isn't worth it.  Insurance will replace stolen or damaged property.

Either way, regardless of the situation.  I didn't get my CHP in order to play cop.  If I see someone committing a crime I will immediately call 911, report it and describe the perp as best  I can.   If he's armed and starts threatening me I'll decide at that point if using a weapon is the judicious thing to do.  A thug with a gun may not necessarily want to shoot anyone, just intimidate them into compliance so they can steal and leave.   IF he's firing at people, or me or my wife, then I'll be firing back.

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