Why is it against the law to detain when you are placing someone under citizens arrest ?
and you placed them under citizens arrest? how is that illegally detaining someone ?
Answer:
It isn't necessarily against the law to detain for citizen arrest. Generally the force used has to be 'reasonable in the circumstances' so it depends on what the criminal had done. For non violence non theft crimes less force is permitted, is all.
What law are you referencing? What law determines whether detention is illegal or legal?
In some states detaining someone can be considered a Sexual offense. Go figure...stupid I know. For example in California stopping someone's movements is considered sexual harassment.
because you are not the police!
I'm sorry....everytime I hear "citizens arrest" all that ever comes to mind is Gomer Pyle on Mayberry RFD....LOL
There was a guy that lived next door when I lived in Florida, who had his home broken into by 3 teens. His wife was calling 911 and he grabbed the shirt of one of the boys and tore it while the guy was climbing out his window. The police caught the boys......but then the kid with the torn shirt filed assult charges. I don't think that warrented that. Half that kid was still in his home when the shirt was torn and he didn't chase them once they were out of the house. I'd like to know what the rules are myself. Just saying "citizens arrest" certainly isn't enough.
I got detain once in Tijauna. No warrant, no Miranda, no phone call, no nada amigo!
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