Category Archives: Law

Citizen Arrest As An Option

It is interesting to note that a regular citizen of the United States can make a citizen’s arrest on someone else. However, it should also be pointed out that any citizen that makes such an arrest will expose themselves to possible criminal charges or a lawsuit. The charges can include ones such as unlawful restraint, false imprisonment, wrongful arrest, or kidnapping. Apprehending the wrong person could mean that the individual civil rights have been violated.

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Both state and federal governments have the power to grant this type of an arrest, but it will depend or vary on each jurisdiction. As soon as possible, the person who performs a citizen arrest should take any appropriate property and the arrested individual to a law enforcement establishment. If it’s hard to find a nearby law enforcement establishment, then the person should try to locate a police constable.

There are various circumstances when a citizen’s arrest can be performed. For example, if there is a breach of the peace then a person may use any reasonable amount of force to prevent a person from continuing in a criminal act. Also, if a criminal is guilty of committing an act of theft or damage to property then this too can result in an illegal arrest. The arrested person always have the option to take bail bonds New Brunswick in a state like NJ.

Each country has its rules and regulations for what an average citizen can do in regards to an illegal arrest and how much force they can use. For example, there was a police act from 1892 in Australia that allowed a person to arrest someone without a warrant including anyone who was a thief, a prostitute, someone loose or someone idle, and so forth. However, in 2004 the Australian Parliament changed the ruling because it would be hard to interpret terms such as loose and idle.