Arrest Procedure

[T202]

For those that are making arrest:

I am curious as to what your arrest procedure is. After making an arrest, do you call the police and turn it over to them for processing? Or do you lock up your own arrest, do the report and go before the magistrate for an arraignment?
Arrest can be time consuming and lead into overtime. Is this cost passed on to the client? If it is, does the client discourage you from making arrest?
I know, too many questions, but it has been a slow day.

[HotelSecurity]

In Canada we must turn an arrested person over to the police.

In my hotel we discourage arresting people. Our function in loss prevention. Having to go to court costs the hotel money, end of story!

[Mr. Security]

Ct

Correct me if I'm mistaken (fellow CT officers). When I worked in police dispatch, LP would call with a "detainee." A LEO is dispatched to the scene, reviews the evidence and makes an arrest if warranted. Although the LPO has made an arrest in civil terms, the LEO is assigned the time, call number and arrest number. The LEO transports and processes the prisoner.

[Arff312]

Where i work we try to have the PD enroute prior to making the apprehension. As they may be needed. Other then that we handle the arrest as much as possible. Cuff them write our report and turn it over to the PD. We then sign the complaint agiainst them and it goes through the legal process.

[EMTGuard]

We can neither arrest nor detain.

[N. A. Corbier]

Ok, heh...

In Tennessee, a private person may arrest for misdemeanors in presence and felonies out of presence. They have all the powers of a police officer when making a citizen's arrest, in as far as use of force and breaking down doors, etc. They can do searches incident to arrest. Now, for the fun part.

You have two choices:
1. You may summon the police and have them "rearrest" the suspect. You have lawfully arrested the suspect, so you are the arresting officer.

2. You may take the suspect you have arrested to the nearest magistrate for processing. In other words, clean your catch. The police are not required to be contacted at all for this.

Honestly, if I were arresting people in TN, and it was feasable, I'd book my own suspects. I'm still listed on the charge sheet, I might as well fill out the arrest affidavit, after all, if you turn it over to the police, your "witness statement" is the arrest affidavit. The officer didn't arrest him, you did. Oh, and why bother the police for transport when you can do it yourself.

[exguard]

I believe in security - we're considered priviate citizens and really don't arrest but detain a person until law enforcement arrives.

At my facility we do not apprehend, arrest, or hand-cuff anybody {Infact we don't have hand-cuffs} We observe and report. Eventually we'll be armed and I'm sure going into the detention business but until then I call the police.

[SEO_09]

In Virginia, when working as an Armed Security Officer, I have full powers of arrest. The only reason that I have to call the police is for transport because our vehicals were not set up for them. If we did not need to transport them, then we could just issue a Uniform Summons to appear on the spot.

[HotelSecurity]

I believe in security - we're considered priviate citizens and really don't arrest but detain a person until law enforcement arrives.

In Canada when you take a person;s right to leave away from them it is an arrest, not a detetion. We have to turn an arrested person over to a peace officer.

Also the Canadian Criminal Code gives extra powers to the owner of property AND his agent. (Us). A private citizen in Canada can only arrest when he witnesses a what you in the US call a felony. The owner or his agent can also arrest when we witness a mistomeanor (sp?), a private citizen can not.

Quebec law gives special powers to people who are not peace officers but who enforce laws. (Such as Parking Inspectors, Anti-Smoking Inspectors etc.) They can arrest for Obstruction if you refuse to id youself to them.

[N. A. Corbier]

In Canada when you take a person;s right to leave away from them it is an arrest, not a detetion. We have to turn an arrested person over to a peace officer.

Also the Canadian Criminal Code gives extra powers to the owner of property AND his agent. (Us). A private citizen in Canada can only arrest when he witnesses a what you in the US call a felony. The owner or his agent can also arrest when we witness a mistomeanor (sp?), a private citizen can not.

Quebec law gives special powers to people who are not peace officers but who enforce laws. (Such as Parking Inspectors, Anti-Smoking Inspectors etc.) They can arrest for Obstruction if you refuse to id youself to them.

Several states in the United States have codified arrest powers for private citizens. Others, like VA, have codified arrest powers for armed security officers.

The concept that "we're just private citizens, we detain only," is actually wrong in most states. In every state in the Union, common law has been upheld that a citizen may arrest for a felony. The police like to call this a "detention" because "only the police can arrest." Its what they're taught.

I've seen police officers from states with codified private arrest statutes which give a private citizen the same arrest authority as a peace officer try to wrap this around their head. "Well, technically they can arrest, but its just a detention."

When the private citizen has to fill out an arrest affidavit, its an arrest.

[T202]

In Michigan a private person can make a felony arrest. He or a police officer according to the law, are to bring the suspect before a magistrate without unnecessary delay. Case law defines unnecessary delay as no longer than 48 hours.
The problem with private person arrest is that a complaint has to be sworn to before a magistrate will do the arraignment. The complaint has to be authorized and signed by the prosecutor. Prosecutors will not authorize complaints and warrants without a police report. This is why private person arrests get turned over to a police officer. Even though a private person, by law can bring a suspect before a magistrate, I have never seen or heard of it being done. Keep in mind, this is just in Michigan.

[davis002]

In Minnesota, private persons are granted more arrest authority than most states.

629.37 WHEN A PRIVATE PERSON MAY MAKE AN ARREST. A private person may arrest another:
(1) for a public offense committed or attempted in the arresting person's presence;
(2) when the person arrested has committed a felony, although not in the arresting person's presence; or
(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.

629.38 REQUIRING A PRIVATE PERSON TO DISCLOSE CAUSE OF ARREST. Before making an arrest a private person shall inform the person to be arrested of the cause of the arrest and require the person to submit. The warning required by this section need not be given if the person is arrested while committing the offense or when the person is arrested on pursuit immediately after committing the offense. If a person has committed a felony, a private person may break open an outer or inner door or window of a dwelling house to make the arrest if, before entering, the private person informs the person to be arrested of the intent to make the arrest and the private person is then refused admittance.

629.39 REQUIRING PRIVATE PERSON MAKING ARREST TO DELIVER ARRESTEE TO JUDGE OR PEACE OFFICER. A private person who arrests another for a public offense shall take the arrested person before a judge or to a peace officer without unnecessary delay. If a person arrested escapes, the person from whose custody the person has escaped may immediately pursue and retake the escapee, at any time and in any place in the state. For that purpose, the pursuer may break open any door or window of a dwelling house if the pursuer informs the escapee of the intent to arrest the escapee and the pursuer is refused admittance.

[locknid]

For those that are making arrest:

I am curious as to what your arrest procedure is. After making an arrest, do you call the police and turn it over to them for processing? Or do you lock up your own arrest, do the report and go before the magistrate for an arraignment?
Arrest can be time consuming and lead into overtime. Is this cost passed on to the client? If it is, does the client discourage you from making arrest?
I know, too many questions, but it has been a slow day.

Here in AZ private persons can only arrest they can not detain, only in cases of shoplifting can a shopkeeper or agent of a shopkeeper detain. So when, for example, I arrest someone for possession of meth and paraphernalia which are both felonies I would contact my dispatch through the radio and have PD come out, PD then would come and gather all information and if the arrest is legit then they will transport them to jail. Here the law states that the police SHALL take them to a magistrate. I am not totally sure but here in AZ i don't think we can transport ourselves, even if the vehicle is properly equipped to do so.

Now the thing is that cops will not always take your arrests to jail because they are A-Holes sometimes. THey will not inform me because they know I will ask for their supervisor and tell them I want my prisoner to be taken to jail. No matter what they say cops don't like to do work on arrests they don't get themselves.

If you are unsure of how it works in your state then ask for some training before making arrests because I know here if you screw one little thing up then the police will try to put kidnapping charges or unlawful imprisonment charges on you. I have even been threatened on a legit arrest which was audio recording. You are very liable when arresting so know your stuff.

[Mall Director]

Wow, well Colorado is very similiar to California..

We can make arrests, and as long as we have probable cause for suspicion of a crime, or a health and welfare issue, we may also detain. Typically a detention is a result of a matter that needs police assistance and we are freezing the scene until law enforcement arrives to sort out the mess.

Our department, we do detain alot, typically it is for the prupose of identifying a violator and wish to persue a criminal trespass warning order against an uncooperative subject.

We also make alot of arrests. This year, our department conducted 193 arrests. Most are of Trespassor related. We barr an individual from property, and they return. its an automatic arrest. We use hand restraints commonly, as safety precautions for the officer, the subject, and those around.

We meet two cryteria for a lawful citizens arrest, being 1) A misdemeanor crime or petty offense was comitted in the presence of the Security Officer, and/or 2) A felony crime has been comitted and with reasonable suspicion the individual may be arrested.

Big tip and general rule of thumb for those in states and agencies that allow arrests, is to make sure you can articulate the nature of the violation to the LE that the subject is turned over to, and the court system if the subject wishes to dispute the charges.

An average arrest of ours, we relocate them to our control facility, and hold them there. While they are there, they are processed, photographed, printed, and new paperwork is done. We make copies for PD before they arrive. It takes an average of anywhere from 15 minutes to 2 and half hours for a PD unit to respond. If we have an urgent call out to PD dispatch, they are pretty good about getting to us in a timely matter, but we are in a metropolis area, and we are not the only ones with needs. With this sudden increase of activity from ICE, the holding of an immigration incident can take as long as all day before getting the right personnel out to take custody of the subject. Sadly, even some of our more urgent calls for assistance go for 10-15 minutes before responce is made, and that has lef tus with handling a major violent issue on our own, which none of us like. Oud PD has become quite used to us, so i think when they get a call, they either stop through a drive through real quick before getting to us..LOL.. as they know we have them "bagged and tagged" for them to pick up.