Why Performing A Citizen's Arrest Is Risky
Posted on: 29 November 2021
A citizen's arrest is a type of arrest that can be carried out by an individual who is not a law enforcement officer. There are limitations to what a citizen can do when carrying out an arrest, and it is often not a good idea to carry out a citizen's arrest even if you believe that you could potentially be justified. If carried out improperly, you might be charged with kidnapping or assault.
When Citizen's Arrest is Allowed
In most cases, you will only be able to perform a citizen's arrest if you have directly witnessed a felony or if you have probable cause to believe that a felony occurred. For example, if you did not see an individual commit a burglary, but the items are likely to be stolen, you might consider performing a citizen's arrest.
In some states, you may also perform a citizen's arrest if you have witnessed a misdemeanor that disturbs the peace. Also, the citizen's arrest must be necessary to prevent the breach of peace. This type of arrest is highly risky because in many states you are not allowed to use force when performing this type of arrest.
Why Citizen's Arrest is Dangerous
When you attempt a citizen's arrest with a dangerous suspect, you may place your life in danger. You also lack the training that would be necessary to determine if you have probable cause and whether the arrest is necessary. The police have special protections that allow them to use force in a manner that could be considered illegal for anyone else to do.
You must immediately contact the police and wait for them to arrive so they can perform the arrest. If you make any mistakes when performing the citizen's arrest, you might be charged with false imprisonment.
How to Avoid False Imprisonment Charges
If you are being accused of false imprisonment, you will need to hire a criminal defense lawyer as soon as possible. The criminal defense lawyer will gather evidence to determine exactly what happened when you performed the citizen's arrest and will help argue that the false imprisonment charges should be dismissed.
The prosecutor will likely try to argue that you had criminal intent when carrying out the act of false imprisonment. Your attorney will attempt to cast doubt on the evidence presented by the prosecutor so that you can convince the jury that your actions were justified.
For more information on a citizen's arrest, contact a criminal defense lawyer near you.
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