...Citizen's Arrest.
MSN reported today that millionaire Nicky Hilton recently placed a homeless man under citizen's arrest at a local IHOP. Now i've heard of the infamous "citizen's arrest" before but really? people actually do that? and can i do that? because, i gotta tell you i would fully utilize all my citizen arresting power if i can.
According to Wikipedia, "Each state with the exception of North Carolina permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights."
hmm. damn. i guess i'll just have to catch Megan in the act of committing a felony. Maybe she's been opening her roommates mail!
-S
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So... if I'm Canadian, I can still do this, right...? Right???
ReplyDeleteCanada
ReplyDeleteSection 494. (Criminal Code)[6]
(1) ARREST WITHOUT WARRANT BY ANY PERSON
Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on resonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person
(2) ARREST BY OWNER, ETC., OF PROPERTY
Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
(3) DELIVERY TO PEACE OFFICER
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
-Section 494, sub. 1, (a) is the "General Power of Arrest" for non-peace officers.
- Section 494, sub. 1, (b) is known as the "Assist Power of Arrest" and includes assisting another citizen who witnessed a "Criminal Offence" and, therefore, "... is escaping from and freshly pursued by persons who have lawful authority to arrest that person ...". This section of the Criminal Code of Canada IS that authorization.
- Section 494, sub. 2, is the "Owner/Agent" power of arrest. It applies to both security and all other staff (or friends/neighbours if it is a dwelling) of any given property (The reason companies tell their staff they can't make such an arrest is because if the person making the arrest is hurt/killed by the criminal, the company becomes liable for the injury or death. Further, most people are neither equipped or trained to make proper arrests which greatly increases the likelihood of injury or death to the citizen).
- in Section 494, sub. 2, (b) "...a person whom he finds committing a criminal offence on or in relation to that property." includes criminal offences that are not on that property at all. If someone steals from a store, the security personnel who purse the thief can (but rarely ever do) leave the property to continue the pursuit. When the pursuit is broken off the thief is no longer considered to be "freshly pursued" and therefore others are no longer permitted to assist in the apprehension of the criminal (it, then, becomes a matter for the Police to handle).
- All citizens are permitted to use "... as much force as is reasonably necessary ..." as stated in section 27 of the Criminal Code of Canada.