Citizens arrest?

Anarchy99

No, that is illegal confinement
Citizens arrest also can not be used on elected officials

Ithinkiknow

no restraning methods like had cuffs

PAUL M

You can arrest anyone you witness committing an offence that carries a possible custodial sentence, but you can only use reasonable force, so it's your call. Hand cuffs would put you on very dodgy ground.

helo pilot cfi

any citizen can make an arrest in the presence of a crime being committed however you can be charged with assault kidnapping should you have made any mistakes leave it up to the cops whom are professionals

MaryBeth

No--just call 911.Who knows what kind of weapon the criminal may have.

Helen

citizens arrest ha ! the police get in trouble for it nowadays , don't even think about it .

mind you if it's a motorist you could probably charge an on the spot fine as it seems as if the law considers that an acceptable legal hobby .

The Pirate Captain

For the UK:

"Citizen's Arrest

The police are not the only people with the power to make an arrest. Although there have been some highly publicised cases which suggest the power of the individual citizen is strictly limited, the law still recognises a citizen's arrest. So a member of the public may arrest someone who is committing an arrestable offence such as theft or assault, or suspects that such an offence has been committed. They are allowed to use reasonable force in doing so. "

In UK if you restrained someone with cuffs, you might find yourself open to some sort of prosecution, the onus would fall on you to provide evidence that cuffs were, in regard to the arrest you made, necessary reasonable force.

However you would likely also need to provide a reason for your ownership of cuffs, buying them for the purpose of arresting someone would probably get you in a lot of trouble as it indicates premeditation in the desire to restrain someone against their will before a crime has occurrred to justify their use. If you had them for shall we say, bedroom practices and then used them in a citizens arrest that would be arguable for your case.

Though to be honest, consult a solicitor at least that way you could sue them for gving you mal-advice if they advised you to use them and you were subsequently prosecuted for mis-arrest.

jojo

there is no such thing as a citizens arrest you can use reasonable force, however to hold someone while the police are called for provided they did commit the crime the police would not take much interest if the criminal saying he was assaulted.

LYN W

Well, as we are in a UK and Ireland site I will answer this under the laws of England and Wales.

Section 24 (4) and 24 (5) of the Police and Criminal Evidence Act 1984 states:
(4) Any person may arrest without a warrant-
(a) anyone who is in the act of committing an arrestable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing such an offence.

(5)Where an arrestable offence has been committed, any person may arrest without a warrant-
(a) anyone who is guilty of the offence
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

This is the law governing the actual arrest itself. You may use reasonable force to detain a suspect however to what degree reasonable force is judged is a matter for the courts to decide.

If you tie up a suspect after catching him trying to murder someone then this would probably be acceptable because of the danger he poses to the public. It is a matter of degree.

However I am of the view that where possible, let the police do the job they are trained for and do not put yourself or others at risk. A suspect is more willing to fight a member of the public to resist arrest than a police officer.

Hope this clarifies the issue a little

john d

i wouldent do it call the damn cops thats what they get paid for...if you try it you may well get the worst @$$ wooping in your life

MLaw

At common law the answer is "yes," that is what "arrest" means. However the common law has been modified in US states. In general in the US, the police can arrest on reasonable grounds to believe a felony or violent misdemeanor has been committed and on personal knowledge that a non-violent misdemeanor has been committed. At common law citizens had the same arrest powers as police. Various states and the UK have modified the rules in various ways. Generally, in the US, a person who is not a law enforcement officer must have personal knowledge of any offense for which they make an arrest & they have the burden of proving they used necessary force to do so. Some states permit use of force only in self defense even if making an arrest. Many states allow retail merchants and their agents additional power to arrest shoplifters on reasonable grounds.

fr_chuck

normally no, you merely ask them to say there untill the police come.

You can use restraining methods but if the person is not arrested by the police or if he is found not guilty, he can sue you for false arrest and kidnapping, and you could face criminal charges.

That is why it is not normally advised for you to do that.

now if there is a armed robbery and the person has just robed teh bank and shot a guard, I am sure they will allow you to use force, since your life would be in danger

Mike10613

Yes, you can use any method that a police officer may use. You may also use a improvised baton or truncheon. In a recent BBC interview both senior police officers and top lawyers said this is an acceptable form of citizens arrest. If you hit your suspect with an improvised baton and he dies as a result. You have to prove reasonable force. If you are a women tackling a big guy - it's reasonable force - the other way around - it isn't. Handcuffs are a reasonable restraint. But a security guard handcuffing a shop lifter in public could be seen as breaching that persons civil liberties and human rights - if it turned out they were innocent or it wasn't necessary. For example handcuffing someone old or disabled would be a breach of the Human Rights Act. Yes, you can handcuff the wife - with her permission! lol

manforallseasons

Well, first off, and if you have handcuffs in your pocket, why is that pray tell.

You may arrest, yes, using the minimum of force, with the law not specific on that latter point.

However, and in the case of false arrest, unlike the police, you will not be able to pay the cost/compensation of false arrest out f public funds, but rather out ofyur own pocket.

Now, about those cuffs, you kibky devil...

notaclue

No one appointed you "COP OF THE DAY" status! All you want-a-bys need to find another hobby! Leave law enforcement to the people it was entrusted to before some convict hand cuffs and terminates you!

Rudy

Yes u may use cuffs. As a security guard, (as such u can only make citizens arrests) I was allowed to use cuffs to detain somebody, but BEWARE, u set yourself up for a false arrest suit, and unless u can, in court, prove that that person committed a crime, it could cost u everything u own.

Dover Soles

If only yahoo would separate the UK/Ireland questions from the rest of the world we might be able to use some of the 'conflicting' (but otherwise given in good faith) answers that we're getting here.

Matt

No. Even if you could, if you try to "slap the cuffs" on someone you may possibly get your butt handed to you. Or you may do something wrong and get yourself sued. Leave cuffing people to the police.

locked & loaded American

no. citizens arrest, means nothing, you can t restrain, or hold....... dont get sued.

melkin

Interesting question - in England we have Police Community Support Officers who have no special power of arrest but who are now being issued with hand cuffs. Airline cabin staff have before now used tape etc to restrain passengers. Let's just say that you'd better have a real good reason for forcibly restraining another individual, and be fully prepared to face all consequences if you get it wrong!

DillyDallyLama

saorsie

zap em with a stun gun.

no. thats assult

angel

B.B

No, i think you`d get into trouble too

chante

Ask Gomer.

jubrsmith

You may put someone under citizens arrest if you witness a crime being committed. You may handcuff them if you feel they are a danger to you. If they didn't commit a violent crime, you are better off giving the police a description of the suspect. A few years ago, I witnessed a guy knock a woman down and take her purse. As he ran by me on the sidewalk, I clotheslined him and held him down. A maintenance man nearby gave me a couple of zip ties and I used them on him as cuffs. The lady and Police patted me on the back. If someone runs to you and tells you that someone just committed a crime, and you hold them under citizens arrest, you better hope they are guilty.

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