Citizens Arrest

Is a police officer or private person can

arrest without warrant?

YES or NO?
NOOOOO!!!
RULE 113, SEC. 5
Par A, B & C
RULE 113; Section 5
A peace officer or a private
person may, without a
warrant, arrest a person:
 RULE 113; Section 5
(a) When, in his presence, the
person to be arrested has
committed, is actually
committing, or is attempting to
commit an offense;
 RULE 113; Section 5
(b) When an offense has just been
committed, and he has probable
cause to believe based on personal
knowledge of facts or circumstances
that the person to be arrested has
committed it; and
 RULE 113; Section 5
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or is temporarily
confined while his case is pending, or
has escaped while being transferred
from one confinement to another.
 RULE 113; Section 5
In cases falling under paragraph (a) and
(b) above, the person arrested without a
warrant shall be forthwith delivered to
the nearest police station or jail and
shall be proceeded against in
accordance with section 7 of Rule 112.
(5a)
Deciding Whether to Make a Citizen's Arrest
 For example, if you see a
person use a knife to stab
Witness a crime taking place
another person, you've
seen a crime and can detain
It'snotagoodideatomakea the perpetrator.
citizen's arrest unless you've
actually seen a crime
happening. When the police
arrive, you will have to
provide "probable cause" for
making the arrest. This
means you'll have to show
that you had a reasonable
belief that the person you
arrestedcommittedacrime.
Determine whether the crime is a felony.
In most places, it's legal to make a citizen's arrest when you see or have
reasonable cause to believe that a person committed a felony, even if the
felonywasnotcommittedinyourpresence. Citizen'sarrestsarenotusually
legalwhenthecrimecommittedisonlyamisdemeanor.Sincethedefinition
ofafelonyvariesslightlyfromstatetostate,it'sagoodideatoreadupon
yourstate'sindividuallaws.

Thefollowingisalistof
crimesthataretypicallya
felony:
Murder,rape,or
assaultresultingin
bodilyinjury
Theft
Indecentexposure
beforeachild
Hitandrun
Arson
 Ifyouarrestsomeonefor
Decide if the crime was a committingacrimethat
fallsintothiscategory,you
"breach of peace. musthaveseenthecrime
In some cases, you may firsthand.
make a citizen's arrest for
misdemeanors if the
misdemeanor can also be
considered a breach of
peace.Misdemeanors that
areconsideredbreachesof
peace in some places
include public brawling or
publicintoxication.
 Remembertothinkhard
Decide if you can safely make beforemakingacitizen's
a citizen's arrest. arrest,especiallyifthe
perpetratorisarmed.
Be sure you can physically
restrain the person you
want to arrest before you
try to. Misunderstanding
your physical capabilities
may put you or others in
harm's way. If you make a
citizen'sarrest,thesituation
could easily escalate
beyondyourcontrol.
Be prepared to accept the consequences.
Be sure you fully understand the circumstances in
which you can make a citizens arrest. You may want to
research the rules specific to your community. If so,
contact a lawyer through your municipal or local law
enforcementoffice.
If it turns out you didn't
have grounds to make the
arrest, you could be sued
for false imprisonment,
assault and battery and
other torts. You may also
face criminal charges.
Don't make a citizen's
arrest unless you're willing
tofacetheserisks.
MakingtheCitizensArrest
Tell the person you're making a citizen's arrest.
Therearenospecificwordsyoumustsay,butyoumustmakeit
completely clear thatyouare making a citizens arrest.Theperson
you'rearrestingmustfullyunderstandwhat'shappening.Explainto
the potential criminalwhyyou are making a citizen's arrest. If you
cannotprovidehimorherwiththisinformation,thenyoushouldn't
bemakingthearrest.

Leaveittothepoliceto
readthepersonhisorher
rights.

Fornow,youonlyneedto
saythatyou'remakingan
arrest.
Detain the person using reasonable force.
You can only use the amount of force required to
detain the person until the police arrive. Using a greater
amount of force exposes you to legal trouble. Be careful
not to harm the perpetrator unless it's absolutely
necessary.
Call and deliver the suspect to law enforcement.
Calllawenforcementrightafterthepersonisdetained.
Some statutes in states like California and Minnesota
requirethatapersontakethearrestedindividualbeforea
judgeorpeaceofficerwithoutunnecessarydelay.

But,ifyoutrytotransporta
suspectonyourownandyou
conductedanimproper
citizensarrest,youmaybe
subjectedtoalawsuitforfalse
imprisonment.
Ask someone to stay with you.
If you can't deliver the suspect or your state doesn't
need you to, ask a third party to stay with you. Wait for
lawenforcementtoarrive.Ifpossible,avoidwatchingthe
person youve arrested alone. Having a third party help
youdetainthepersonisbestforeveryone'ssafety.

Thethirdpartymaybe
helpful in making sure
the encounter doesn't
get violent and might
be able to serve as a
witness.
Explain in full detail what you saw.
When law enforcement arrives, explain what you saw
in full detail. Law enforcement will probably ask you to
giveastatement.Makesuretoincludeeverythingthatyou
saw. Explain your actions during the criminal act and the
citizen'sarrest.Beclearaboutanyforceyouhadtouseto
arrestthesuspect.
AvoidingProsecution
Dont make an arrest if you didn't see the crime.
While you may think you have all the evidence you need to
believesomeonehascommittedacrime,yourunderstandingofthe
eventsmaybewrong.Don'tmakeacitizen'sarrestifyouoverhear
someonetalkingaboutrobbingabank.Ifyou'rewrong,youmaybe
at fault. Call the police instead.Always remember, an improper
citizensarrestcanresultinprosecutionforcrimeslikekidnapping.

Forexample,just
becauseyouseeacrowd
ofpeoplechasinga
suspectoravictim
askingforhelp,doesn't
necessarilymeanyou
havegroundstoarrest
someone.
Dont arrest someone you believe is about to
commit a crime.
Thecrimemusthavealreadyhappenedinorder
for you to legally make an arrest. Don't arrest
someone if the crime hasn't yet been committed.
Callthepoliceinstead.
Dont use excessive force.
Eventhepolicearenotallowedtouseexcessiveforcewhen
takingasuspectintocustody,soyou,asaprivatecitizen,shouldbe
especiallycarefulaboutthis.Otherwise,youmaybechargedwith
battery,evenifthesuspectyouapprehendisguiltyofacrime.The
useofdeadlyforceisusuallynotallowedunlesstheperpetratoris
attackingyouorsomeoneelse.
Don't use a weapon
against the perpetrator
when you can use your
own strength.For
example, you can tackle
someone to the ground
rather than hitting him
orher.
Don't make a citizen's arrest if you could easily call the
police instead.
Asaprivatecitizen,itsnotyourjobtomakearrests.If
it is at all possible, you should always leave policing to
those who have a legal authority to do so--the police.
Otherwise, your actions might put you, the alleged
perpetratorandthegeneralpublic,atrisk.
Youractionsmayalsobe
viewedasvigilantism,
whichisnotlegally
protectedaction.
Keep the detained suspect safe.
Onceyouhavedetainedsomeone,youareresponsible
for what happens to the person while he or she is under
your control. Make sure they are not in the road, where
they could be hit by a car, and make sure they are
protectedfromonlookerswhomighttrytoattackthem.
THANK YOU!