Chrissa tried to citizen's arrest me today for running a red light. She asked: "Are you evading arrest if you don't let me arrest you?"
As always, my first instinct is to make up an answer. (Which I tried.) Unfortunately Chrissa is very wise in the ways of the force and sensed that I was being excessively creative. "Don't tell me if you don't know," she said.
I admitted that I don't know, but vowed on my soul to find out and post the answer on my blog...
- All states allow citizens' arrests when citizens have witnessed a felony (or if your help is requested by the police); there are different state laws as far as misdemeanors are concerned.
- If you use physical force to apprehend the subject, you may be subject to charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest.
To sum up: Chrissa would have been infringing on my rights if she had tried to "Batman" me to the side of the road. However, it would be within her legal rights to report me to the federales. In which case, I would jump the border since she doesn't speak Spanish.
2 comments:
go chrissa....;)
I almost forgot: In New Zealand, you can arrest someone if they are committing a crime at night, the crime is punishable with 3 or more years in prison, and the person is attempting to escape from you...
Also, in California there's no differentiation between a citizen's arrest and an illegal resident's arrest...I mean, an illegal alien has just as much right to "citizen's arrest" someone as a citizen. Ironic, eh?
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