What is the law in AZ about citizens arrest? Used to use a lot in CA. Haven’t been able to find in laws here.
I always thought that citizen’s arrest was a joke from Barney Fife.
Mostly, that is true. Laws detaining people that have committed crimes varies widely between the states, where some do not have such laws to begin with. The biggest issue is detaining someone against their will under threat of violence (force), handcuffing, tying them, etc., could be turned on you as kidnapping or some such crime. Worse being if that person was not actually committing a crime. There are so many pitfalls that will put one into legal jeopardy, I would not ever consider it, even if it were legal in my state (which, technically, it is not in Virginia). The only thing one should attempt is request that the person remain while police are called, as even pointing a firearm at that person could also be legally perilous.
The rules of engagement have changed dramatically over the decades. I recall reading crime stories from the 1960-70s where the perps were shot, even for just theft, to stop them from fleeing, and no charges were filed against the victim of the crime. I am not suggesting that one does that, only using that to show how radically different these incidents have changed to protect the criminal to the detriment of the victim.
I tend to agree with @Dave17 . I would at least consult with a lawyer, and maybe even local LEO before attempting a citizen’s arrest. Just me personally, but I see where a lot could go wrong there.
But, @Donald72, if you find out anything on it, I would be interested to konw.
I would never attempt that. If the perp was being violent I might intervene but only if a vulnerable person was being physically harmed. And even there you have to be careful.
I’ve seen African American women shop lift and beat their young children in the head multiple time (dangerous) but kept to myself. I’m sure many of you have seen it too. If you say something you could be targeted. Sad truth.
I am not a Lawyer but, I did play one on T.V. In Arizona a private person may make an “arrest” : When the person to be “arrested” has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony. 2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be “arrested” has committed it. Having a witness to verify your actions from his/her actions and witness you stating, “You are under Citizens Arrest!” is a vital fact to be considered or it would be a he said, they said situation.
Best thing our concealed carry instructor told our class was, “You are not a cop.”
Words to live by…
Idk on AZ or CA, but do know Louisiana. A citizen has arrest powers when asked for assistance by any law enforcement officer, and/or when attempting to stop a fleeing suspect from law enforcement officers. Furthermore, citizens arrest powers are justified detaining/apprehending a suspect if the citizen witnesses them commit a crime punishable of a Felony Offense.
Thanks GW. What I was looking for.
I agree with you 100% but the fact still exists that you can do a citizens arrest but, yeah, I would not do it myself either.
@G.Washington Trust me, I will help a LEO if asked, but as far as detaining someone I see do something, just me, but that is not something I am likely to do. Interesting to learn about the laws, thanks!
Agreed @Fred_G, I’m similar to you when it comes to helping a LEO. It for me would be highly dependent on the situation to consider making any citizen arrest. The amount of imminent danger to the public & potential loss of life being crucial.
@Donald72 welcome to the family brother a pleasure to have you with us.
Thank you Lu Can
13-3884. Arrest by private person
A private person may make an arrest:
When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
I’m no lawyer but imagine that you better be well versed in the definitions of what qualifies if you’re going to try a citizen’s arrest. As was mentioned earlier here, if you detain someone it could be considered kidnapping.
Thank you for the info and codes for this.