Guest views are now limited to 12 pages. If you get an "Error" message, just sign in! If you need to create an account, click here.

Jump to content
  • CRYPTO REWARDS!

    Full endorsement on this opportunity - but it's limited, so get in while you can!

Legal Requirements for Making a Citizens Arrest


Qman
 Share

Recommended Posts

MY FELLOW PATRIOTS

SINCE OUR ELECTED AND NON ELECTED STATE GOVERNMENT OFFICALS SEEM TO JUST KEEP SPENDING, BORROWING AND JUST VILOATE OUR STATE CONSTITUTION, ITS TIME WE THE PEOPLE ACT! PLEASE READ THE ARTICLE IN THE ARIZONA REPUBLIC JUNE 9, 2010 BY MARY JO PITZL. ITS WHAT I HAVE BEEN SPEAKING ABOUT FOR SO LONG NOW, AND ALL OF THE LIES FROM OUR STATE LEADERS JUST CONTINUE.

Legal Requirements for Making a Citizens Arrest

The right to making a citizens arrest goes back to our roots in English common law. Historically, before the modern infrastructure of police departments, citizen’s arrests were an important part of community law enforcement. Today, citizens arrests are still legal in every state, although state laws pertaining to citizens arrests are not uniform. In general, all states permit citizens arrests if a criminal felony (defined by the government as a serious crime, usually punishable by at least one year in prison) is witnessed by the citizen carrying out the arrest, or if a citizen is asked to help apprehend a suspect by the police. Variations of state law arise in cases of misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. A NOTICE OF NECESSITY AUTHORITY AND INTENT TO CONDUCT A CITIZENS ARREST NEEDS TO BE GIVEN TO LOCAL POLICE OR SHERIFFS DEPARTMENTS.

Anatomy of a Citizens Arrest

Once a person has committed an offense meriting a citizens arrest (under the applicable state law), the arresting party must follow certain guidelines to detain and deliver to authorities the suspect in question. Acceptable guidelines for carrying out a citizens arrest also vary by state. In general, the arresting party must notify the suspect as to why he or she is being arrested, and may enter the building or private residence where the suspect is

residing, using a reasonable amount of force to apprehend the suspect.

Citizens' Arrest

ARIZONA REVISED STATUES

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.

13-3882. Time of making arrest

An arrest may be made on any day and at any time of the day or night.

13-3881. Arrest; how made; force and restraint

A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.

13-3892. Right of private person to break into building

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance after he has announced his purpose.

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

 

A citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizens arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. States as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.

SHERIFF JOE ARPAIO

MARICOPA COUNTY ARIZONA

100 WEST WASHINGTON SUITE 1900

PHOENIX AZ. 85003

602-876-1801

SHERIFF ARPAIO:

Please accept this Notice of the Necessity, Authority and Intent to conduct a series of imminent Citizen’s Arrests throughout MARICOPA County ARIZONA ; ONTO THOSE ELECTED AND NON-ELECTED OFFICALS OF THE ARIZONA STATE GOVERNMENT FOR VILOATIONS OF ARTICLE IX OF THE ARIZONA STATE CONTITUTION AND IN ACCORDANCE OF ARS-13-1004, ARS-13-2303, ARS-13-2311, ARS-13-2408.

The first arrest plan must be constructed and crafted in cooperation with the MARICOPA COUNTY SHERIFFS Department. Wisdom dictates the first arrest plan be one that is acceptable to your Police Chief colleagues throughout MARICOPA County; an arrest plan that can be used again and again.

Time is not a friend. Planning must begin immediately. Contact information is provided separately.

So I ask you, if you want to save our children from a debt burden future, we can stop them, e-mail me if you care and had enough from both polical parties whom are just interested in staying in power at our childrens future.

SINCERELY,

STEVEN SLATON

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.


  • Testing the Rocker Badge!

  • Live Exchange Rate

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.