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Years back a former co-worker of mine had a fishing rod stolen out of his boat at the marina he docks at. The next week he saw the little thief fishing with it right on the same dock. He detained the kid until police arrived and then they almost arrested him for detaining the thief against his will. How is an honest guy supposed to make it when both sides of the law always seem to be against him?
Here’s more than you ever likely wanted to know about making a citizen’s arrest…
In most states it is illegal to detain a suspect by making a citizen’s arrest if the crime is not a felony or if the detainee did not witness the crime. These rough guidelines don’t apply universally across all states. Some states allow a citizen’s arrest to be made for any crime witnessed.
“A citizen who violates a suspects rights, or who violates the applicable state law in detaining the suspect, (for example, arresting a suspect for a misdemeanor when the state statute requires a felony for a citizens arrest), risks being sued or even charged with a crime. Additionally, if it is found that the arresting party did not meet the pertinent state requirements for a citizens arrest, any contraband found on the suspect will have been found illegally, and charges may be dropped entirely.”
http://www.criminalattorney.com/news/citizens-arrest/