HighFlyingA380
Regular Member
So I couldn't find anything in the MO statutes regarding citizen's arrest, and searches brought up nothing with concrete citations relating to MO. Can anybody help me out? Thanks.
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Citizen's Arrest
- Thread starter HighFlyingA380
- Start date
H
Herr Heckler Koch
Guest
http://www.moga.mo.gov/homestatsearch.asp
Arrest defined § 544.180
§ 563.051 Private persons use of force in making arrest
Arrest defined § 544.180
§ 563.051 Private persons use of force in making arrest
OC for ME
Regular Member
In Missouri, a citizen does not make an 'arrest' only LE can 'arrest' unless directed to 'arrest' on the order of a certified peace officer.
Always remember: 'No good deed shall go unpunished.'
As for me, a non-violent crime that I happen to witness in progress requires me to be the best witness I can be. If their is violence, well, I hope my training and common sense do not fail me at a most inopportune moment.....and my recording device batteries do not fail.
We 'kind of sort of' can make a 'citizen's detainment' until the cops show up. We can be held liable in civil court for not doing 'it' the right way, or more accurately, we do not have qualified immunity. The reality is that it will be difficult to be prosecuted even in a civil trial for your good faith actions, but stranger things have happened.
Always remember: 'No good deed shall go unpunished.'
As for me, a non-violent crime that I happen to witness in progress requires me to be the best witness I can be. If their is violence, well, I hope my training and common sense do not fail me at a most inopportune moment.....and my recording device batteries do not fail.
Shooter64738
Regular Member
563.051.2. A private person acting on his own account may, subject to the limitations of subsection 3, use physical force to effect arrest or prevent escape only when and to the extent such is immediately necessary to effect the arrest, or to prevent escape from custody, of a person whom he reasonably believes to have committed a crime and who in fact has committed such crime.
3. A private person in effecting an arrest or in preventing escape from custody is justified in using deadly force only
And from State V. Galazin
At this time (to my knowledge) there is no longer statutory authorization for a private citizen to arrest another citizen for committing a misdemeanor.
3. A private person in effecting an arrest or in preventing escape from custody is justified in using deadly force only
(1) When such is authorized under other sections of this chapter; or
(2) When he reasonably believes such to be authorized under the circumstances and he is directed or authorized by a law enforcement officer to use deadly force; or
(3) When he reasonably believes such use of deadly force is immediately necessary to effect the arrest of a person who at that time and in his presence
(2) When he reasonably believes such to be authorized under the circumstances and he is directed or authorized by a law enforcement officer to use deadly force; or
(3) When he reasonably believes such use of deadly force is immediately necessary to effect the arrest of a person who at that time and in his presence
(a) Committed or attempted to commit a class A felony or murder; or
(b) Is attempting to escape by use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
And from State V. Galazin
At this time (to my knowledge) there is no longer statutory authorization for a private citizen to arrest another citizen for committing a misdemeanor.
cshoff
Regular Member
As has been pointed out above, a private citizen MAY make an arrest on his own account, but only under the provisions of RSMO 563.051.2 & 563.051.3. Keep in mind that there is a LOT of potential liability involved in making an arrest and, unlike a police officer who enjoys certain protections in the event that a particular arrest turns out to not be justified, a private citizen will be held solely and PERSONALLY liable for any actions he/she takes.
VinnAY
Regular Member
so you want to make an arrest or did someone try it on you?
HighFlyingA380
Regular Member
I don't want to have to, but I just want to be prepared with proper knowledge of the law, just in case.
OC for ME
Regular Member
RSMo 563 does not 'give you' the authority to 'arrest' anyone. RSMo 563 is the 'Defense of Justification' for the use of force up to the use of lethal force statute. Only a cop can 'arrest'. Or, we can if directed to do so by a cop.
We could be subject to criminal sanctions if we refuse to 'come to the aid of the civil power' if a cop asks/directs us to aid him in the performance of his duties, in Missouri. It is a misdemeanor offense.
We could be subject to criminal sanctions if we refuse to 'come to the aid of the civil power' if a cop asks/directs us to aid him in the performance of his duties, in Missouri. It is a misdemeanor offense.
cshoff
Regular Member
You are trying to argue semantics here. As has been pointed out above, under RSMO 563.051.2, a private person MAY use physical force to effect an arrest on his own account (ie: without direction from a LEO) under certain conditions:
You cannot "effect an arrest" without actually "making an arrest". RSMO 563.031.2 is the statute that provides justification by which the private person may use such force. Citizens arrests happen quite regularly in Missouri and in other states around the country.
That is incorrect. A private citizen is under no obligation to assist an officer who asks or orders the citizen to assist. While your failure to assist could possibly lead to CIVIL liability, it would not be a criminal offense.
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REALteach4u
Regular Member
Isn't there a section in that same private person's statute that says "...and the person must have committed the crime"? Where's Bruce on that one because it leaves a foul taste in my mouth with our justice system today.
Why? Because you could have witnessed the person committing the crime and if a jury can be swayed into saying that they did not then charges of assault could be spun in your direction. It's a very dangerous aspect to use the words "must have" in that particular context.
Why? Because you could have witnessed the person committing the crime and if a jury can be swayed into saying that they did not then charges of assault could be spun in your direction. It's a very dangerous aspect to use the words "must have" in that particular context.
I would never do a citizens arrest. We live in a world where you perform CPR to try and save someone and break their rib in the process, they turn around and sue you.
Look out for yourself. If you feel your life is threatened take action. If not, the fellow citizen should of exercised their 2A right. Their fault for not doing so as bad as it sounds (my view only). After all remember they can call the cops and they will be there in 10 minutes...
Look out for yourself. If you feel your life is threatened take action. If not, the fellow citizen should of exercised their 2A right. Their fault for not doing so as bad as it sounds (my view only). After all remember they can call the cops and they will be there in 10 minutes...
HighFlyingA380
Regular Member
I agree with your views. I'm not trying to be a hero and arrest somebody for random stuff I see. I asked and envisioned it to be related to what might happen after somebody attacks me, or I find them stealing my car in breaking into my house. My focus was on if they try to flee, before or after shots are fired, what would I be legally allowed to do in order to keep them until the boys in blue show.
cshoff
Regular Member
Short of holding them at gunpoint while they voluntarily comply, what could you really do anyway (putting all of the laws aside for the moment)? The absolute LAST thing the armed citizen should ever do is put themselves in close physical proximity to a known threat. That means no attempting to handcuff the BG, no attempting to "tie up" the BG, and no attempting to "physically restrain" the BG unless it is absolutely, positively the only means of defending yourself that you have available. If the BG has broken off his/her attack for whatever reason, be a good witness and let them go if they choose to flee. Cops get paid to track BG's down, you don't.
Boba Fett
Regular Member
Which is why there are a pair of well-worn handcuffs lying on a shelf collecting dust at my house. lol I stopped carrying them about 6 months ago.
Use them on the wife :banana::banana::banana::banana::banana:
Boba Fett
Regular Member
^^^ I lol'd pretty hard man. :lol:
Fortunately I'm not married.
Fortunately I'm not married.
Shooter64738
Regular Member
Just a couple of fyi's:
Missouri enacted a good samaritan law (RSMo 527.027) in which persons licensed and trained in emergency care may render aid to any person without risk of civil penalties song long as their training is recognized as bonafied. They may also render aid to a minor child at the scene of an emergency prior to the consent of the parents.
For the unlicensed lay person, they may also render aid without risk of civil penalty so long as they have received bonafied training and do not act outside that scope. In no case are civil penalties excused for neglegence, or willful acts to cause harm.
The application of handcuffs/restraints is an application of lethal force. Unless you have received legitimate training from a recognized training facility, handcuffs could land a person in hot water even if they had legitimate cause to arrest.
Missouri enacted a good samaritan law (RSMo 527.027) in which persons licensed and trained in emergency care may render aid to any person without risk of civil penalties song long as their training is recognized as bonafied. They may also render aid to a minor child at the scene of an emergency prior to the consent of the parents.
For the unlicensed lay person, they may also render aid without risk of civil penalty so long as they have received bonafied training and do not act outside that scope. In no case are civil penalties excused for neglegence, or willful acts to cause harm.
The application of handcuffs/restraints is an application of lethal force. Unless you have received legitimate training from a recognized training facility, handcuffs could land a person in hot water even if they had legitimate cause to arrest.
OC for ME
Regular Member
Not quit correct.
http://www.moga.mo.gov/statutes/C500-599/5630000041.HTM
Pay particular attention to 563.041.3.
Shooter64738
Regular Member
I see your point, but there is a legal difference between 'restraining' a person and placing a person in 'restraints'. Deadly force is any force that the actor knows or should know to cause a significant risk of serious physical injury or death. Metallic handcuffs in particular are known to cause serious physical injury if applied improperly, or not properly monitored. So when a person is placed in restraints (not necessarily just restrained) it can be an application of lethal force. Simply holding someone down or restraining their body is not the same as placing them in a restraining device.
OC for ME
Regular Member
I can only surmise that the proper use of any restraint device was not a concern of the legislature....or the cops for that matter. So, I won't concern myself with the proper use of any restraint device either.