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I looked it up on wikipedia, here, and found something that surprised me.

North Carolina is the only state without a specific statute for citizens arrest.


The biggest thing that stood out is "American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights."

Which means that you had better 1. Be very right in your detention (make sure you don't say "I arrested them," I think, say "I held them until the cops could get here"), and 2. Do it by the least injured way possible.

Of course, IANAL.
 

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Unless you have some training, the right equipment and back-up, just forget about it. You'll only hurt yourself and/or get sued/go to jail if you start going around trying to be an amateur cop all by yourself. Even real cops seldom try to arrest people when they're off-duty, and there's a reason for that.

Unless your life or someone else's is threatened, just concentrate on being a good witness if you see something happen.
 

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The major difference is basically that a duly sworn LEO can arrest based upon probably cause, while citizens cannot. A citizen can arrest for a major offense that's factually committed within his presence, or on a warrant, but warrants may also have restrictions as to who, what, where, and how they can be executed. Basically, a citizen better be right, and is likely to be vulnerable to civil liability whetether he's right or wrong, as well as criminal liablilities if his reason for arrest is not rock solid. As far as force, he can use the same force (gun or whatever) as anyone else (cops included) as long as he's right. In today's system there's too many gray areas for a citizen to take a chance on making an arrest in most situations. This is just basic info, and will have variations from state to state.
 

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If that is the case, we could arrest most all polititions and CEO's.
 

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So, how does one make a citizens arrest?
Can you pull a firearm? Tackle them? What crimes can you arrest someone for ect.

You might like the system here in NJ for issuing traffic tickets and certain criminal summon's. Most people don't realize it, but anyone can issue a summons to anyone. If I you observe a motor vehicle offense and you can identify the vehicle and the driver (a big if) you can write them a summons. Same thing on criminal complaints. The big catch is that you again better be right and at the very least have a very good basis for it because if you swear it out and sign it the police will serve it and or make an arrest on it depending on the circumstances. Most court clerks will try to persuade you not to do it because they don't want to let the cat out of the bag that it can be done, but it certainly can. It's most often done when there is a motor vehicle accident and the only witness's are the motorists involved, and they will often issue tickets to each other and let the judge sort it out. Here's a true scenario/example that happened that you might appreciate: My friend had a minor traffic accident with an off duty officer that I worked with. The off duty officer did flex his muscle by threatening my friend to pay for the damage or he would issue him a ticket which ultimately he did. My friend then went to the court clerk (at my advice) and issued him a couple of tickets as well. Of course the officer didn't like that and had an attitude towards me because my friend never would of been able to that without some inside advice. Naturally the court clerk tried to persuade him not to, but he demanded and pushed it through as I advised him to, and the off duty cop was also served. Now the playing field was leveled in court because the officer lost the benefit of the prosecutor when a cross complaint was entered into the picture, and the cop had to get his own attorney because his department didn't feel that his action was within the scope of his duty and wouldn't cover him. In the end the complaints negated each other and the whole thing was a wash, but the cop came up short because his tickets went no where, and my friend was found guilty of nothing. Of course this didn't sit well with this guy and me at work, but what's fair is fair and I chose to back up my friend because I thought he was right. I didn't like the threats and the buffalo tactics that he tried. When my friend was served it was done by having two local patrol officers come to his house and intimidate him by telling this was written by another cop and you better respond or you'll be arrested. When the cross complaints were issued to the officer he was just given a courtesy call from the court clerks office with something said like this ******* knew somebody and we couldn't get rid of him and he signed a couple of tickets against you. You can come in and get the copies at your convenience. Much different than the way my friend was served, but the bully cop came up short anyway!
 

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The perfect example of the one!

https://www.citizenfreepress.com/breaking/concealed-carry-for-the-win/

Man [?] assaulted a female clerk with a beer bottle in Wenatchee, Washington before eventually being held at gunpoint by a bystander until police arrived.
In the video, a man identified by police as Jaime Garcia-Aparicio [who doubts?], 38, of Wenatchee is seen attempting to buy alcohol. But he didn’t have any money and tried to pay for the alcohol with his ID, police said. Then the assault begins.


 

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WOW, resurrected thread......more than 10 years ago!
Well... I guess this topic will be more trending, due to a massive foreign invasion and American Citizens' resistance to it.
 
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Well, as long as it was resurrected...

In one of the first posts it was mentioned that North Carolina was the only state without a citizen's arrest statute. Many, many years ago I worked a few months as a security guard in California so I was schooled on citizen's arrest laws so when I had something cause me to look up Oklahoma's law I searched and searched and couldn't find a thing about Citizen's Arrest in Oklahoma - probably just as well because it would be a very rare event that I should get so involved as to care about citizen's arrest laws.
 

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Varies state from state and when the "LAW" takes the time to show up they give no credit to the real arrest.....Some B/S "OFFICIAL" so the late cop feels glorified...Average response time 25-30 minutes and I live less than 2 miles from the "POLICE STATION" but hey the politicians say Ya do not need a gun!!!!
 
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