"Do you know," murmured Kintyre, "I think this really is a case for the police. Ever hear of citizen's arrest?"
-copied from the above link.
How does citizen's arrest work? I have sometimes imagined a John Citizen/Daily Mail "Have A Go" Hero type approaching me on the street with something like: "I saw you on that violent demonstration today. I am taking you on citizen's arrest to the nearest police station." I would accompany him with interest, curious about the outcome. (Since I am long retired, I am even less concerned than previously about the consequences of possible arrest.)
A person who makes a citizen's arrest could risk exposing him or herself to possible lawsuits or criminal charges – such as charges of false imprisonment, unlawful restraint, kidnapping, or wrongful arrest – if the wrong person is apprehended or a suspect's civil rights are violated.[4] This is especially true when police forces are attempting to determine who an aggressor is. Private citizens do not enjoy the same immunity from civil liability when making arrests on other private citizens as do police officers.
-copied from here.
Since I would not resist any person making a citizen's arrest, he would not be in any danger of criminal charges (I hope).
A Chianti bottle is thrown in a bar fight. I suppose that we should have seen that coming. And the bartender wields a bungstarter. Anderson choreographs the fight. This guy, Kintyre, neither a policeman nor a private investigator, goes around interrogating dangerous people and having to defend himself against physical attacks. He needs to hand the case over to Trygve Yamamura.
6 comments:
Kaor, Paul!
Now that's an interesting scenario, NOT resisting "citizen's arrest" out of curiosity over how and why this hypothetically happened to you. MY instinctive reaction would have been to resist such an unlawful arrest. I guess I'm a bit more bellicose or pugnacious than you are! (Smiles)
But I see your point about being INTERESTED in how or why you underwent "citizen's arrest." An attitude I might do well to adopt myself if that ever happens to me.
Ad astra! Sean
Correction, I looked up the link and discovered that the states of the US allow "citizen's arrest," altho the offences allowing this power to be used varies from state to state.
Ad astra! Sean
Sean,
Because it can be legal, I would go along with the letter of the law and let the police sort it out. The arrestee would have to be handed over to the police. Otherwise, it would be illegal detention!
Paul.
Kaor, Paul!
The impression I get from UK and US law about "citizen's arrest" is that it's legal but discouraged against, due to various dangers and risks. Since I think MOST police forces in the UK/US are reasonably honest, better to let them sort it out if it ever happens to us.
Ad astra! Sean
Most bar fights don't involve serious violence -- more a sort of scuffling and shoving -- but it depends on the people, the amount of alcohol, and the place.
I worked as a bouncer for 2 nights in really grotty place. It wasn't the violence that upset me; it was the fact that when you grab a belligerent drunk around the middle, he usually pukes on you. That denim jacket was never the same.
Kaor, Mr. Stirling!
The answer to that kind of gross problem is obvious: bouncers should wear hazmat suits! Well, I'm half serious! (Smiles)
Ad astra! Sean
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