If you see a police officer breaking the laws of the united states can you make a citizens arrest on him?

adam H

you can make a citizens arrest but you need another police officer there to witness the arrest and file the report .......... good luck

One Big Daddy

Of course you can, although you need to know law, and why you are arresting them. Penal code

l2wh

I don't think so but that's why they created internal affairs to keep cops from going bad or corrupt.

springsfromsalt

To be honest I'd be scared to try to make a citizens arrest. The
tables could turn so quickly.
If you had a camera, or camera phone or any other recording device document it. Also call 911 if the situation really called for it. Document any info you can regarding who the cops were, what was happening and any other details you can.

In an ideal world we would not have to even think about this. Bad cops are worse than criminals (IMO)

oldman

I wouldn't advise trying it. However, you can make a formal complaint against him. If possible back it up with pictures where he is recognizable.

Dr. Jekyll, MD, EngD, PsyD, PhD

All states in the United States allow citizens who have witnessed a felony offense to carry out a citizen's arrest in some form. North Carolina is the only state that does not allow a "citizen's arrest." It is instead known as a citizen's detention because he must notify authorities and can only detain the person until proper authorities arrive. It is not advisable to perform a citizen's arrest because your personal safety is most important. To avoid any violations of laws, be sure that you are very familiar with current laws, and the proper way to perform a citizen's arrest.

Sam

We might be able to b/c I saw a cop with nothing on his car and he isn't obeying the law himself.

mysticathiest

If you see a police officer breaking the law you better have a camera handy to film it. Unless you have physical evidence it will be your word againse his and I garontee you his will be believed unless you have 'proof' that is a smoking gun.
In what situation would you be voyeuristicly watching the child molestation. Do you have a person or event in mind or is this just a theoretical Q?
I have never heard of a cop beating a minority to death in my comunity.
I would advise you to document the activity you see as suspicious, get involved in your communities 'watch program'
and any other group that can help to clean up govt corruption.
You might even consider starting a group in your city to meet weekly to discuss problems and pool resources and ideas on how to 'get the goods' on someone if that is what you think will clean up the neighborhood... Or... plant trees... Just getting to know neighbors better and having a weekly block party can reduce crime too...
if any of these ideas appeal to you try them and let us know when they work.

Officer

Call the police, document as best you can. "Citizens arrest" is a mis-nomer, you should never try to do something that will get you or someone else hurt because you think you have authority to do so. Trying to arrest an officer say for what looks like "beating a minority to death" may in fact be something completely different. A subject who is high on any number of medications/drugs may not feel any pain at all. Interfering with an officer in his duties may well get you and the officer hurt/killed.

mama

If you see an officer breaking the law -- yes -- you can report him. Call your local police deparment and make a complaint to the watch commander. You have the right as a citizen to request copies of the investigation and find out the outcome of that investigation.

There should be a specific unit within the department dedicated to Internal Affairs and investigations such as these.

daydoom

You cannot make a citizens arrest on a duly sworn law enforcement officer even if you think they are in violation, if they are doing something in the performance of their duty then you would be the one arrested. If you see a law enforcement officer molesting a child then you need to call 911 immediately. Any other violation should be well documented and a formal complaint filed with the offending officers superiors. If a law enforcement officer is stupid enough to do the things you put forth you might get shot.

lobo

I would be hesitant to perform a citizens arrest on an armed officer, I would however record the events and report it to the local department, there really are internal affairs that deal with these situations

trl_666

Yes you can but you better have a camera handy because they will always take their word over yours.

ubermasss

Hey if you want my e-mail address, I know a place down the street that manufactures Kevlar Protective Vests!!!

cawillms

Ask the Officer for his badge Number And report him to Internal Affairs of the Police department. Better yet call your Mayor. or Sheriff

Beejee

You'd best have a possee with you if you ty it....Those chaps carry weapons.

scubadiver50704

You could try it but I am fairly certain it would backfire on you. To do a citizens arrest you must be able to 'detain' the person you are arresting until the authorities arrive. Then who is going to arrive? The officers comrades. You would be better of working through your local county attorney's office and or the police internal affairs division.

dgbrsand1

Yes you can but the best way is since we have such electronical gagits is to get it on tape. The problem is there is a thing called the blue wall and the police brotherhood is getting stronger and stronger and they cover each others back so with out tape or vidio, even with witnesses you don't have much of a leg to stand on and they will take care of the two that you are trying to stand on. If you do get it, you should be ready to move away far and change your face and name. It is sad but it is true. Unfortanatly there are bad apples everywhere but not all officers are bad.

helo pilot cfi

yes you may make a citizen arrest based on the question asked however you may have hard time with the state attorney office validating it

Phil

Deffinetly

Dbl Monday

YES..question is: Would you??

firestarter

Technically yes, but in reality no. Cops are above the law, so my advise would be to get as much evidence as possible, give copies of video evidence to internal affairs, and hit the media hard.

miraclehand2020

ANYTIME IF YOU ARE LOADED LIKE HE IS.NOW DON'T GO EMPTY HANDED YOU MIGHT MISS AN IMPORTANT PART OF YOUR ANATOMY.

goldielocks123

Good luck with that!

Eddie

You may make a citizen's arrest. But before you put yourself out there you may want to read up on the state law. I would not try and do this with a police officer in public as you may find yourself getting arrested yourself.

Take your complaint to the police department, sheriff's office, or state agency. If you think it's widespread then take your complaint to the FBI.

At the rate I've seen you in your postings, I don't think you'll be taken seriously.

May the Peace of God be with you. You really need it.

* Deep Thought *

Very good question.
You can make a citizen arrest on anyone else, as they are equal to you - but for a policeman I believe you would have to get someone on his rank to arrest his corrupt behind.

Mary

call the police deptament is the best thing to do

lennie

I would think you could he is a citizen, But then you have that fine line He is a cop.So I would call the district Attorneys office or internal affairs office,I would not let it go,someway somewhere I would let it be known, Even if I called the newspaper.

Cybrespyydre

You raise an excellent point. I'm not a lawyer or expert on the law, but I would say that legally, a person is allowed to make a "citizen's arrest", and I believe that they do from time to time - when it comes to an un-armed civilian doing something stupid. Usually though, from what I have observed, it is usually security guards, or some kind of store security employees that usually do so.

I do believe that there should be no reason why a person can not legally make a citizen's arrest on a cop who is obviously breaking the law.

However, and it really makes me sick and angry, but here in the US, at least over the last 20 (approx) years, they have been somehow empowered way up and above anything that a Public Servant, paid by the taxpayers to "Serve and Protect" them ought to be. Have any of you ever read or heard on the news, etc... (and I'm sure you all have), some story or another of a cop shooting and killing a civilian, or chasing them on a "high speed chase", where the one being chased, or even sometimes an innocent driver or pedestrian in the wrong place at the wrong time is severely injured or killed? And what usually happenes to the cop, asssuming he/she didn't kill himself in the process? He/she gets put on "paid administrative leave" while the incident is under investigation. Well, that "paid administrative leave" sounds no less than a paid vacation. Almost seems as if a cop wants to take their family away on a vacation, there is quite an incentive to kill some citizen, in order to get the vacation.

And the outcome of the investigation is invariably that it was "justified". So, when a police officer literally has a license to kill - with no consequences (but favorable to him/hjer), I wouldn't think it too wise to attempt to make a citizens arrest, or to even do anything to irritate them. Because the law might say one thing, but when it comes down to it, 99% of the time, the cop will go freely back to work or on a paid vacation, while you go off to jail at best, or wind up dead at worst.

I totally agree that something needs to be done about this awful situation that we are in, but as to what? and how? I'd love to know myself.

speakeasy

I honestly don't know the answer. It SHOULD be 'yes'. I just don't know if the other cops will honor your arrest.

Don't get me wrong. I train with cops and have the highest respect for most of them.

But when a cop goes bad, that's even worse, in my mind, than any other Citizen going bad.

If you are in California, the answer is likely no. About two years ago, the CA legislature removed the obligation of police to honor citizens' arrests so they may not do it. Maybe they were trying to drive down the crime rate statistics by reducing the arrest rate.

TRUTHSEEKER

start carrying a cam corder with you. and if the s.o.b is molesting a child you need to call child welfare. get the sleazes out of law enforcement. cop's do nothing but herrase people. and let the criminals run amok.

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