Is it legal to make a citizen arrest on a police officer?

Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer.

What do you say when making a citizen’s arrest?

If you are making a citizen’s arrest, you must inform the person what you are doing, and why, as soon as is reasonably possible. You must also tell them what offence you believe they have committed. If you have to use force when arresting the person, you must only use reasonable force.

Is a citizen’s arrest a real thing?

A citizen’s arrest is an arrest made by any person instead of by a police officer. This means that any person can physically detain another in order to arrest them, but state statutes define the limited circumstances in which this deprivation of liberty is allowed.

Can you be sued for citizens arrest?

Not all persons subject to a citizen’s arrest are charged and/or convicted. When this occurs, it is possible that the person who made the arrest can face criminal charges, including ‘false imprisonment’, ‘unlawful arrest’, ‘assault’ and be open to a claim for ,em>damages in a Civil Court.

Can a citizen make an arrest on a police officer?

That being said, citizens can arrest police officers when the situation is emergent. For reasons already discussed, it is best to recruit the service of law enforcement instead of performing the arrest.

Where did the practice of citizen’s arrest come from?

The tradition of the citizen’s arrest carried over into English common law, and because the American legal system is based on English common law, we inherited the practice. In the early part of America’s history, common law governed the power to make citizens’ arrests. Today, that power is governed by state statute.

What’s the best way to make a citizen’s arrest?

Trying to do this yourself, however, is fraught with danger. A citizen’s arrest should always be done by calling the cops and telling them you wish to arrest someone. When they arrive, give them the circumstances and they will handle it for you.

Can a citizen be arrested for a misdemeanor?

In these states the citizen’s arrest statute does not allow a citizen’s arrest based upon “probable cause”. Decide if the crime was a “breach of peace. ” In some cases, you may make a citizen’s arrest for misdemeanors if the misdemeanor can also be considered a breach of peace.