Sunday, July 23, 2023
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citizen’s arrest is when a private individual detains another individual suspected of committing a crime until law enforcement officers arrive. This can be done by anyone who is not a law enforcement official, such as a shopper or a security guard1. However, there are legal guidelines and restrictions as to when a citizen’s arrest should be made. Generally speaking, an individual may be detained by citizen’s arrest only if the person detaining him actually witnessed him breaking the law, or has a very good reason to believe he has just done so12. In addition, an individual who is known to have committed a felony may be detained by citizen’s arrest until law enforcement officials arrive to take him into custody1. A person may also be placed under citizen’s arrest if he is in breach of the peace, which is usually a misdemeanor charge1. The legality of citizen’s arrest, however, varies by jurisdiction13. Making a citizen’s arrest without following the laws governing it may result in the individual doing the detaining being charged with a crime or being held civilly liable12. Therefore, it is important to have witnessed or have reasonable belief that the detained person has committed a crime before making a citizen’s arrest.
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