That depends on if Colorado's private arrest statute and case law allow for private transport. They're already committing a misdemeanor criminal offense (trespassing,) which is arrestable by any person in the state.
If the drunk agrees to get into the vehicle, then its not kidnapping. If they refuse, and they are then arrested and transported, then its a lawful private arrest and not kidnapping.
Again, it depends on the state, the statutory law, and the case law.
A good example is that in Tennesee, a private person when arresting someone must present them before the magistrate, or a law enforcement officer. Yep, you read right, they have the option of transporting to the booking magistrate themselves without police intervention. Private persons may book into county jails. They also have full arrest powers from that statute.
If the drunk agrees to get into the vehicle, then its not kidnapping. If they refuse, and they are then arrested and transported, then its a lawful private arrest and not kidnapping.
Again, it depends on the state, the statutory law, and the case law.
A good example is that in Tennesee, a private person when arresting someone must present them before the magistrate, or a law enforcement officer. Yep, you read right, they have the option of transporting to the booking magistrate themselves without police intervention. Private persons may book into county jails. They also have full arrest powers from that statute.
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