imported post
skidmark wrote:
SouthernBoy wrote: While a business owner cannot arrest you (Virginia lawdoes not recognize the concept of "citizen's arrest"), he can detain you for the arrival of the police.
Skidmark, I wish you wouldn't make sweeping statements like that. Virginia does recognize Citizens arrest.
There gave been cases upheld in the court of appeals concerning LEO's out of venue, making misdemeanor Citizens arrests. I need to get them off the other computer.
§ 19.2-100. Arrest without warrant.
The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year. But when so arrested the accused shall be taken before a judge, magistrate or other officer authorized to issue criminal warrants in this Commonwealth with all practicable speed and complaint made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.
(Code 1950, § 19.1-64; 1960, c. 366; 1975, c. 495.)
Case law involving misdemeanor by officer, acting outside of his territorial authority, who made a Citizens arrest
http://www.courts.state.va.us/opinions/opnscvwp/1022703.pdf
Accordingly, we conclude Officer Wills was acting as a private citizen at the time he detained Hudson and possessed the same authority to make a citizen's arrest as would any other private citizen. We now turn to the issue of whether a citizen's arrest would be valid upon the record in this case.
2. Citizen's Arrest for Breach of the Peace
Hudson contends that even if Officer Wills had the authority as a private citizen to make a citizen's arrest, that he was still not required to take a test under Code § 18.2-268.2(B). Hudson's rationale is that he could not be the subject of a lawful citizen's arrest as his actions were not a felony. He distinguishes our prior decision in Tharp v. Commonwealth, 221 Va. 487, 270 S.E.2d 752 (1980), and the Court of Appeals' decision in Hall v. Commonwealth, 12 Va. App. 559, 389 S.E.2d 921 (1990), aff'd en banc, Record Nos. 0963-88-1, 0964-88-1 (June 12, 1990), because those cases involved a police
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officer, acting outside of his territorial authority, who made a citizen's arrest for a felony. Hudson's argument fails
because a citizen's arrest can be made for a breach of the peace, as occurred in this case, as well as a felony.
