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.
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.563.051. Private person's use of force in making an arrest.
1. A private person who has been directed by a person he reasonably believes to be a law enforcement officer to assist such officer to effect an arrest....544.180. Arrest - An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise. The officer must inform the defendant by what authority he acts, and must also show the warrant if required.
"A private citizen may arrest on a showing of the commission of a felony and reasonable grounds to suspect the arrested party, to prevent an affray or breach of the peace, and for a misdemeanor if authorized by statute."
I don't want to have to, but I just want to be prepared with proper knowledge of the law, just in case.so you want to make an arrest or did someone try it on you?
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.
563.031.2. 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.
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.
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.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...
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.
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.
Not quit correct.<snip> 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.
Not quit correct.
http://www.moga.mo.gov/statutes/C500-599/5630000041.HTM
Pay particular attention to 563.041.3.