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Tuesday February 20, 2001 Previous | Next
Dear Yahoo!:
How do I make a citizen's arrest?
David
Elko, Nevada
Dear David:
We can tell you with full confidence that it is a very, very bad idea to try to drag someone down to the police station on your own. As the good Trooper Ness of the Illinois State Police says:

When you sign or make a complaint against someone for an infraction of the law, you are in affect "arresting" them...I cannot recommend that you try and "arrest" someone by restraining them physically, as you may be subject to liability if you do that. Work within the system by filing your charge with a police department or States Attorney with jurisdiction.

Needless to say, attempting to manhandle someone renders you vulnerable to all kinds of nasty lawsuits, in addition to physical harm. The police department in Arroye Grande, California, offers this helpful four-step guide to Making a Citizen's Arrest:

1. Notify police upon observing a crime.

2. Provide police with information to assist in identifying the violator.

3. Sign the complaint form. (After this, most cases are concluded without your further involvement.)

4. Appear in court when requested by the District Attorney's Office.

The lesson? The telephone is mightier than the sword.

 
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