Citizen's Arrest

[redneckmedic]

When my father was in his early 20's he was the manager of a couple of McDonald's out west. One day he stopped by for some various business and wanted to grab a small bite before going home. As the employee protocol asked he stood in line like other customers even though his meal would be comped. Lucky him, the man in front of him tried to rob the store with a lead pipe. Being the oldest of 4 brothers (as explained by him) his grab ass and wresting finally had a chance to pay off. He actually grabbed the felon by the wrist and in a quick sweep put him into a arm lock behind his back and slammed his head into the counter. (not that my dad is a bad-ass, but he did what he had to do) (and to someone out there...My DAD can Beat-up your Dad!!!) Anyhow he held him in the lock until LEO arrived and took the fellow into custody. The officer told my dad that he had to go out to the squad car and tell the robber he was under CITIZEN'S ARREST to keep from being prosecuted himself! BTW my dad was off the clock and not in uniform.

Does anyone have any experience with this or insight as it might apply to today's laws vs the 80's?

IC 35-33-1-4

Thanks Josh

IC 35-33-1-4
Any person
Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.


Or any LEO want to make a comment.

 

[Wabatuckian]

IC 35-33-1-4

 

[Bill of Rights]

Today your father would likely be sued by the perp and some Susie Soccermom who didn't want her little darling exposed to violence.... and fired by McDonalds.

Blessings,
Bill

 

[wtfd661]

Score one for the good guys. Way to go dad

 

[ryanbr]

Today your father would likely be sued by the perp and some Susie Soccermom who didn't want her little darling exposed to violence.... and fired by McDonalds.

Blessings,
Bill

Sometimes we just have to do whats right and not be concerned with being politically correct, and people who dont like it will just have to learn to deal with it!

 

[rambone]

Today your father would likely be sued by the perp and some Susie Soccermom who didn't want her little darling exposed to violence.... and fired by McDonalds.

I wouldn't doubt it! Anyone have any references to modern day citizens' arrests?

 

[danmdevries]

I wouldn't doubt it! Anyone have any references to modern day citizens' arrests?

I suppose I've made one, it was in 99 or 00 I know nothing more than I held a man whom I saw running from the broken glass door of a convenience store whose alarm was going off and he had two cartons of cigarettes. I just happened to be there, the guy was drunk/high and easy to take down. I kept my knees on his shoulders with his face to the ground and called the police. They came, said thank you and took a statement, I got in my car and went on my way.

I don't see why you would have to declare citizens arrest in a situation where an arrest is lawful. "citizens arrest" is basically just another word for justifiable battery

 

[ATM]

(and to someone out there...My DAD can Beat-up your Dad!!!)

Nuh-uh, my Dad is ex-Ranger/Seal/Sniper/Marshall/Ninja/Pirate/Biker/Mafia/Shaolin Monk.

He's got mad skillz.

 

[Wabatuckian]

I wouldn't doubt it! Anyone have any references to modern day citizens' arrests?

Yes, I made one, somewhat by accident, several years back.

It was cold and snowing out. I had left a friend's apartment and a "kid" asked me for a ride.

A police car showed up and tried to block my path. I could have easily have gone around, and the kid nervously suggested that I do so.

Because he was agitated, I told him that I wasn't going anyplace, and neither was he.

More squad cars arrived, and my passenger's side door was yanked open, and he was thrown down into the snow and cuffed.

An older gent I knew asked me to his squad car after I had a verbal altercation about legal magazine capacity with a new cop, and I gave a long statement, starting with how I left the apartment, saw some kid walking and flagging me down, and decided to give him a ride.

I ended with the officer showing up, and telling the kid that he was in effect under arrest.

I asked what he did. Seems he beat the crap out of his girlfriend and then started going crazy on local parked cars. He was attempting to make it to his aunt's house so he could flee the state.

I've not given a ride to anyone I don't know since then.

One other time I was in a stop'n'rob where a friend was working on a Friday night. There was a drunk 18 year old in there - someone I knew of - and he started getting belligerent with my friend, a 5' skinny female.

The 18 year old kid got up to go press a point, I put him in a joint lock, and sat him right back down, telling him to shut the f**** up til he sobered up. Bought him some coffee, and after a couple hours, he was good. His first words were those of an apology to both my friend and myself.

That wasn't quite an arrest - I didn't detain him; he was free to leave. Everything was on camera, sound included. I didn't see a need to get the police involved there as the kid was a generally good kid, and this was the first time I'd seen him drunk.

He's since made a full time business out of landscaping. Back when all this happened, he was mowing lawns with a push mower.

If I'd turned him over to the law, Lord only knows where he'd be today - his brothers are both in and out of jail.

It's largely a judgment call each time. I'm of the opinion that if you can handle it yourself, by all means, do so. The only time the police should be involved is if something is premeditated (for example, breaking up with a significant other and going to get your things, you should have an officer present) or for cleanup after an arrest or altercation.

Josh <><

 

[RelicHound]

Today your father would likely be sued by the perp and some Susie Soccermom who didn't want her little darling exposed to violence.... and fired by McDonalds.

Blessings,
Bill

sad but true

 

[CountryBoy19]

I think the statement of "You're under Citizen's Arrest" is state-dependent. I've seen on some of the cops shows and Beach Patrol shows where the cops get involved in a serious infraction, but didn't see it. They must have the person that saw it happen verbally make a statement to the perp that he/she is under citizen's arrest. I've only seen this happen a few times, so I'm sure its just a handful of states that require this.

 

[JetGirl]

Gomer Pyle would be proud!

Glad I'm not the only one who heard that in their head...

[ame=http://www.youtube.com/watch?v=9efgLHgsBmM]YouTube - Citizens Arrest[/ame]

 

[Crimson]

LMAO. I loved that episode.

 

[Denny347]

YEah, you do not have to make such a statement in Indiana. Detention is the arrest. Most common form I see is LP detaining a shoplifter. I remember several years ago that a gas station was robbed. The perp was a goof and had a stick in his coat pocket that he pretended was a pistol. When he made it to the parking lot, a couple of "good 'ol boys" saw what was going on and one decided to draw his 1911. Instead of shooting him, he pistol whipped the suspect to stop him. We showed up, took the citizens info as a witness and we all shook his hand. We took the suspect into custody and the witness was free to leave with his pistol and our gratitude. That was a form of citizens arrest.

 

[Bill of Rights]

YEah, you do not have to make such a statement in Indiana. Detention is the arrest. Most common form I see is LP detaining a shoplifter. I remember several years ago that a gas station was robbed. The perp was a goof and had a stick in his coat pocket that he pretended was a pistol. When he made it to the parking lot, a couple of "good 'ol boys" saw what was going on and one decided to draw his 1911. Instead of shooting him, he pistol whipped the suspect to stop him. We showed up, took the citizens info as a witness and we all shook his hand. We took the suspect into custody and the witness was free to leave with his pistol and our gratitude. That was a form of citizens arrest.

Not to mention probably a bit of fun for the "good ol' boy"...

Kinda makes ya all warm and fuzzy inside, don't it?

"Boah, yew got the raht to remain sahlint." <WHACK>

(a few minutes later...)

"Here ya go, offisah.. all gift wrappt fer ya."

Blessings,
Bill