Announcement

Collapse
No announcement yet.

ever been threatened with arrest after making an arrest?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • publicsafetyred
    replied
    Arizona's CA laws seem very simular to California's.

    Leave a comment:


  • ycaso77
    replied
    Let me see if I understand this- you can detain only for shoplifting in your area. But how do you arrrest someone without detaining them? It sounds similair to apprehension in the military, where military police detain a suspect until an nco or commisioned officer authorizes the formal arrest of the subject for specified charges. Basically it sounds like you make a complaint as a witness to responding officers based on a citizens arrest law. The detaining part is still throwing me off though.

    Leave a comment:


  • locknid
    replied
    No here in AZ it is kind of crazy what we can do. They are called private person arrests, and it is just that an arrest. we are not allowed to detain unless it is for shoplifting at a store. In AZ being a s/o does not cancel out your right to private person arrest. WHen we make an arrest it is legit, the LEO hears what happened and talks with the subject and then transports him just like he had made the arrest.

    13-3884. Arrest by private person

    A private person may make an arrest:

    1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

    2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

    13-3889. Method of arrest by private person

    A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

    we are also allowed to use whatever force needed to make the arrest as long as the force is justified. It has never happened to me but after some other s/o's with my company made a perfectly legit private person the responding LEO threatened the s/o with arrest for false imprisonment or kidnapping because of their ignorance of certain ARS codes. I was just wondering if anyone here has either been arrested or threatened to be arrested by the responding LEO.

    Leave a comment:


  • ycaso77
    replied
    I would assume you're talking about "citizens arrest" unless you have some statute that allows private security to detain a suspect until the arrival of local LE. I know of several cases where private security at various locations ( malls, private companies, apartments) have been charged with false arrest and/or imprisonment. It's a case by case basis decided entirely by local/state statutes for the most part.

    Leave a comment:


  • ever been threatened with arrest after making an arrest?

    here in AZ a private person can make an arrest for any felony, and misdomeanors which amount to a breach of peace. The company I work for is pro-active in making contacts, searches, etc at apt complexes which range from super ghetto(most) to super nice. In a single night there are usually 10-15 arrests across all our properties depending on the night. I personally have my fair share and have had good experiences with the LEOs which come to transport the subject. There have been problems though where certain LEOs do not know the private person arrest laws and actually threaten to arrest the s/o with false imprisonment or kidnapping. It has never happened to me but it has happened to other s/o with the company. Usually the SGT of the LEO gets a nice call the next morning from our LT to let him know the conduct of his officer, and it usually doesn't happen again.

    Now to the question. Have any of you guys been threatened with false imprisonment or kidnapping after making an arrest(or detaining) depending on your state laws?

Leaderboard

Collapse
Working...
X