Citizens Arrest

chollagardens

November 13, 2007 07:52

I understand that a LE is able to make a arrest if there is probable cause like a smoking gun and a body. I also understand that a citizen may make a arrest only if they see the crime. This brings up two questions;

1. Is this the same in all states?

2.If a juvenile/minor sees a crime does the minor have the ability to make a citizen's arrest?

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  Spider7115

  November 13, 2007 08:40

  Bear in mind that if you make a citizen's arrest, you are not only facing potential bodily harm but also civil liability for false arrest if the accused is found not guilty.

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  Henry0Reilly

  November 13, 2007 08:52

  I feel quite certain that it's not the same in all states.
  
  In Indiana two adult eyewitnesses to a felony may legally detain a "suspect"

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  Colt Super

  November 13, 2007 09:25

  Minors are not "Citizens", Q.E.D.
  
  Doug

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  chollagardens

  November 13, 2007 16:36

  Spider7115 said "Bear in mind that if you make a citizen's arrest, you are not only facing potential bodily harm but also civil liability for false arrest if the accused is found not guilty."
  
  I am aware of both of those possibilities. I did made one citizen's arrest and that was a long time ago. It was a teenager shoplifting. No bodily harm no civil suit. I should say no bodily harm to me. I don't know how much bodily harm the teenager's parents gave him.
  
  I am mainly wondering about this possibility. Two students. One is pestering (Hitting ect) the other constantly. The school staff becomes aware of the problem but ignores it. That would leave the student being pestered two probable options: A. go on suffering as usual and B. Deck the other student and get suspended for fighting. If a juvenile could make a citizen's arrest then the problem could be solved with out the pestered kid being suspended.

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