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Thread: Citizen's Arrest

  1. #1
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    Can anyone enlighten me on the guide lines for a citizen's arrest? Just curious about this as from what I get from reading the code it has to be a felony in progress.

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    I don't think that is correct.


    40-7-109Arrest by private person — Grounds.

    (a) A private person may arrest another:

    (1) For a public offense committed in the arresting person's presence;

    (2) When the person arrested has committed a felony, although not in the arresting person's presence; or

    (3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
    (b) A private person who makes an arrest of another pursuant to the provisions of §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.
    IANAL but to me...

    (a)(1) is saying that you can arrest someone for ANY violation of the law committed inyour presence, including a misdemeanor.

    (a)(2) is saying you can arrest someone if you know they committed a felony, even if the felony did not occur in your presence.

    (a)(3) is saying you can arrest someone if you know a felony has been committed and you have reasonable cause to believe the person you want to arrest committed the felony.

    You may also want to see...

    40-7-110 Arrest by private person — Time.

    40-7-111 Arrest by private person — Notice of grounds.

    40-7-112 Arrest by private person — Notice of intention to make arrest — Use of force to enter dwelling house.

    40-7-113 Disposition of person arrested by private person.

    40-7-114 Pursuit after escape.

    40-7-115 Breaking in to retake escaped prisoner.


    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    Fallguy wrote:
    I don't think that is correct.


    40-7-109Arrest by private person — Grounds.

    (a) A private person may arrest another:

    (1) For a public offense committed in the arresting person's presence;

    (2) When the person arrested has committed a felony, although not in the arresting person's presence; or

    (3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
    (b) A private person who makes an arrest of another pursuant to the provisions of §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.
    IANAL but to me...

    (a)(1) is saying that you can arrest someone for ANY violation of the law committed inyour presence, including a misdemeanor.

    (a)(2) is saying you can arrest someone if you know they committed a felony, even if the felony did not occur in your presence.

    (a)(3) is saying you can arrest someone if you know a felony has been committed and you have reasonable cause to believe the person you want to arrest committed the felony.

    You may also want to see...

    40-7-110 Arrest by private person — Time.

    40-7-111 Arrest by private person — Notice of grounds.

    40-7-112 Arrest by private person — Notice of intention to make arrest — Use of force to enter dwelling house.

    40-7-113 Disposition of person arrested by private person.

    40-7-114 Pursuit after escape.

    40-7-115 Breaking in to retake escaped prisoner.

    Is this Tenn Code, Fallguy?

    I think it would be best, for most of us, to leave 112 and 115 to LE, unless you know there is a dire urgency to enter before LE can get there. You never know what might be waiting for you on the other side of a door. You dang sure shouldn't try it alone.

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    I guess those are the laws governing bounty hunters? Either way, if you ever planned to use those, you would be well advised to be 100% you are after the right guy.

    Out of curiosity, is there any civil protection offered under those sections? If not, when you break into someone else's house, you might be found to have done something legal, but a civil court might still make you repair the damages, no?
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    Regular Member Fallguy's Avatar
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    Yes that is TN Code. Click on the number to read the full statute on the Michie Legal Website.

    AFAIK there is no civil immunity for private citizens when effecting a citizens arrest.

    I'm not sure about Bounty Hunters, but I think these are the laws that private security personnel use to make arrest.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    So then upon observing an individual breaking a law then all that would have to be done is announce that a citizen's arrest is being made? Then call the police and dang sure have a witness during the process.

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    SomeKid and Fallguy: As a Licensed Armed Security Officer I can attest to both points.

    1. Yes those are the laws we have abide by.
    2. Yes, while actions may be lawful, it is still possible to get in trouble in civil court.

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    And criminal court as well, saw a story on a man afer 30 min waiting for police
    to arrive, entered the residence where his daughter ws being held by kidnappers.
    They jumped him, when police finaly show up another 30 min latter. He was arrested
    for breaking into private residence. Didn't matter that his daughter was inside,
    was being molested, since he called the police he had no buisiness taking
    the law into his own hands. So what if they were doing nothing.
    I wouldn't have had that problem, because there would only have been my side of
    story without any contradictions.

    Your only chance in todays climate is to be a BG i'm afaid.




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    SlackwareRobert wrote:
    And criminal court as well, saw a story on a man afer 30 min waiting for police
    to arrive, entered the residence where his daughter ws being held by kidnappers.
    They jumped him, when police finaly show up another 30 min latter. He was arrested
    for breaking into private residence. Didn't matter that his daughter was inside,
    was being molested, since he called the police he had no buisiness taking
    the law into his own hands. So what if they were doing nothing.
    I wouldn't have had that problem, because there would only have been my side of
    story without any contradictions.

    Your only chance in todays climate is to be a BG i'm afaid.


    In these types of stories it always seem to be a lot of missing information but if it were my daughter being molested inside I would worry about criminal charges of breaking and entering later. In fact those would probably be the minor charges I would be concerned with.

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    steamnsteel wrote:
    Can anyone enlighten me on the guide lines for a citizen's arrest? Just curious about this as from what I get from reading the code it has to be a felony in progress.
    why would we want to interfere ourselves in a situation where our immediate family was not concerned? If you do you open yourself up to possible litigation if you are wrong. A man in Texas pretty much did this exact same thing when he interfered and held some people at gunpoint, and then got shafted by the system--but he was right......

    http://opencarry.mywowbb.com/forum60/12600.html

    Assuming the story to be true--which I don't know that for a fact--it could be an urban legend--but given the way the citizens are sometimes treated--I certainly see no reason to doubt that this happened--SO, Considering what supposedly happened to this individual--why should anyone possibly want to interfere and risk such treatment? Seriously....


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