Bill said:
I don't think they allow citizen's arrests anymore - not since Gomer did
it in Mayberry that one time to get even with Barney. They'd probably
consider it kidnapping now.
Slugging the guy, or even the threat, can cause basher to suddenly be in the
right. That's called "assault". So being a man in the sense of physical attack
can land you in jail and court with possibly a $$$ fine.
All I know is:
Saturday I had occasion to call the Coeur d'Alene police about 6 kids that
have moved into the neighborhood. At 2am I woke up to the sounds of yelling
laughing, and a couple of gun shots. This has been a regular occurance since
they moved in to a rental last month. He came out and all was quiet so
couldn't do anything about it. He told me I could perform a citizen's arrest
and press charges. So, sounds like CAs are alive and well in Idaho.
A friend did one in CA ca 1965, she had to physically put a hand on the perp
and say, "You are under arrest. Stay where you are until the police arrive."
I ask our cop and he said, "No, just saying the words is sufficient."
If you'd taken the time to use Google and look it up, here's one of 10,500
hits on the subject at
http://ask.yahoo.com/ask/20010220.html :
Dear Yahoo!:
How do I make a citizen's arrest?
David
Elko, Nevada
Dear David:
We can tell you with full confidence that it is a very, very bad idea
to try to drag someone down to the police station on your own. As
the good Trooper Ness of the Illinois State Police says:
When you sign or make a complaint against someone
for an infraction of the law, you are in affect
"arresting" them...I cannot recommend that you try
and "arrest" someone by restraining them physically,
as you may be subject to liability if you do that. Work
within the system by filing your charge with a police
department or States Attorney with jurisdiction.
Needless to say, attempting to manhandle someone renders you
vulnerable to all kinds of nasty lawsuits, in addition to physical
harm. The police department in Arroye Grande, California, offers
this helpful four-step guide to Making a Citizen's Arrest:
1. Notify police upon observing a crime.
2. Provide police with information to assist in identifying the
violator.
3. Sign the complaint form. (After this, most cases are concluded
without your further involvement.)
4. Appear in court when requested by the District Attorney's
Office.
The lesson? The telephone is mightier than the sword.
Sounds simplier than I originally thought. No confrontation of perp is
necessary. I see it now, going up against those 6 kids, who were obviously
high, and saying, "You are under arrest!"
Wham, bam, thank you ma'am!
Don
