Explain "Citizen's Arrest" to me

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  • lovemachine

    Grandmaster
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    17   0   0
    Dec 14, 2009
    15,601
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    Indiana
    Can someone explain what a Citizen's arrest is to me?
    I dont really understand it. What exactly is it? HOW can you do it? What kind of situation would you be in to do it?
    What happens?

    Like I said, I really don't understand what it is.
     

    IndySSD

    Master
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    8   0   0
    Jun 14, 2010
    2,817
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    Wherever I can CC le
    CITIZEN'S ARREST Indiana Code 35-33-1-4: 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.
    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.
    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.
     

    j706

    Master
    Site Supporter
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    60   0   1
    Dec 4, 2008
    4,160
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    Lizton
    Can someone explain what a Citizen's arrest is to me?
    I dont really understand it. What exactly is it? HOW can you do it? What kind of situation would you be in to do it?
    What happens?

    Like I said, I really don't understand what it is.

    Ideally a citizen would witness a felony and then tell the person they are under arrest. They would be detained and LE called to pick up and process the person. Some of the problems are knowing what crime is a felony and what is a misdemeanor. Another problem is being liable for false arrest ect. I don't know if the local prosecutors office would defend a citizen accused of false arrest or if you would have to defend it yourself.

    I would think a citizens arrest should be approached with extreme caution and used only as a last resort. I have never in 12 years ran across a citizens arrest scenario. But I am glad it can be done just the same.
     
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