Can someone explain the TRUE legalities of citizen's arrest?
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Can someone explain the TRUE legalities of citizen's arrest?
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I was out driving with my infant child in the back when I hit a bump that caused my milkshake to topple and spill all over myself and the car seat. Since home was still 40 miles away, I pulled over to a rest stop to gather some paper towels from the restroom. I left the car running with the baby inside, the air conditioning on, and I locked the door since I always keep a spare key in my wallet.
I don't think I was in there no more than 5 minutes (let's say 10 minutes for the skeptical ones), and when I came back outside there was a man standing next to my car. He said, "Is that your baby inside there?" and I replied yes. He immediately grabbed my arms, pinned them behind my back, and said "You're under citizen's arrest for child neglect. The police have been called and they are on their way" while roughly leaning me over the hood of my car.
I shouted for him to take his hands off of me and struggled with him, but he refused to let go. I then slammed the back of my head into his face, which caused him to release one arm out of surprise, and I finished it by elbowing him in the ribs, and then turning around and beating him down to the ground (something I realize was overkill, but I was pissed about a total stranger acting like a cop and manhandling me). I then drove away.
I haven't been contacted yet, so I'm guessing the guy didn't take down my licence plate and assumed I would cooperate with him.
Can someone tell me if what he did was legal? I thought a person can only be restrained if caught committing a serious felony...not leaving a baby unattended for 5 minutes to get something and clean up a spill. What are the actual legalities behind citizen's arrest?
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Combatcop
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It depends in which state this occurred. In WA there is no such thing a citizens arrest. While what he did is wrong, so is what you did. It is illegal to leave an infant in a vehicle in most states.
Just to put it in perspective. You leave your car running with your child inside. You go into the restroom for 5 minutes. I can steal your car in about 10 seconds. |
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Lt1
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Try this link. It appears to go into some detail, but you would still need to research the matter in your state's laws as well.
http://en.wikipedia.org/wiki/Citizen's_arrest |
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Nap
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From what I can tell, It is Illegal what he did. You can sue HIM. A citizens arrest is this,( If a person other than a law or peace officer see a crime in progress, the MUST contact the authorities who then come to YOUR assistance and cuff the Perp.) There is NO level of right or wrong,here Now, here's where It becomes kind of hairy? You as the citizen file the complaint form-appear at the arraignment-go to the "Grand Jury" if necessary-give testimony if there is a trial. NOW, If for some reason this case is dismissed or the perp is found not guilty by either a Judge or Jury, guess who can be sued for "False Arrest" WHY O YOU. That is why you don't hear of many "Citizen Arrests" This person that manhandled you while his premise was commendable in some respects his technique was very Faulty. It smacked of to much "Law & Order" Or CSI, TV But like I said before He is wide open to a Law suit for Assault. Unlawful detaining is only good If your let go. Good Luck and really try not to leave your baby in the car. Some people frown upon this sort of thing. |
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