For example: Joe Schmo citizen makes a CA. The supposed subject resists because of certain innocence and in the process injures Mr. Schmo before the police arrive.
Who would be responsible for the injury? I understand if it was an actual police officer it would be a totally different story and laws will vary from state to state.When a citizen make a ';citizen's arrest'; (CA) and the arrest is later proven to be false.....?
It's never legal to intentionally injure another person outside of a self defense scenario. If the person placed under arrest honestly believed that they were in danger and were acting accordingly or if the injury was genuinely accidental then it's a different story. If they, however, caused the injury on purpose because they were angry or upset about being placed under arrest then they would be criminally liable for the injury.When a citizen make a ';citizen's arrest'; (CA) and the arrest is later proven to be false.....?
It is illegal to resist a lawful arrest - whether it is made by a police officer or by a regular person.
If someone attempts to place you under arrest, the fact that you did not commit the crime for which you are being arrested does NOT give you a right to resist arrest. If you do so, and the arresting party is injured, you are liable.
If someone wishes to arrest you, and you did not do what you are accused of, the legal response is to submit to the arrest, and then defend against the charges - if they are laid by the DA - in court. It is NOT to resist the arrest.
Now, if the arrest is NOT lawful it 'may' be legal to resist it - but it may not, depending on the circumstances. If you believe the arrest itself to be illegal (And you being innocent does not automatically make the arrest illegal) you can always sue the person who arrests you for false arrest.
Richard
This is a very complicated question and some courts will take months to collect all the facts before make a call whether or not the CA and or restraint during arrest was justifiable. One of the many things that will be taking into account will be the issue of timing (when did you notice infringement, when did you call cops, etc), severity of injuries, identity of offender (if you know his/her identity and address, why not sent cops to his house, etc.).
This is a matter of law and will be assessed based on the merits of each case.
you are acting as a Agent for the police because you seen a law being broke.If the police told you to do this they would bear the responsibility you took the go it alone way. that's why you hear [if you see this person call the police] because you could get hurt. not to say that what you did was bad I think it was good there should be more citizens
like you!
No comments:
Post a Comment