mrt6812 wrote:**Upon first reading this topic, my first thought was "Citizen got arrested?!"**I'm wondering if citizen's in the Commonwealth can make citizen's arrests. This may be off topic but I'm wondering if it was different if you were carrying. For instance, if I were carrying and was in a store and someone came in and attempted to rob it, could I place them under arrest and transport them to a police station or can I just simply detain them? Also, does anyone know the legality of carrying non lethal weapons/tasers and handcuffs or restraining tools?
I believe you can if the person is commiting a felony. I think this just goes for detaining them at the scene, and i am not sure if you would be in the right to chase them down and tackle them. I definitely wouldnt try to transport them as a kidnapping charge or unlawful inprisonment might come your way.
*old post, but on point: http://opencarry.mywowbb.com/forum54/2485.html
**Dangers of Making an Erroneous Citizens Arrest
Making a citizen's arrest maliciously or with insufficient evidence of wrongdoing by the arrested individual can lead to civil or criminal penalties. Additionally, it is in violation of a suspects rights for a citizen making an arrest to use unnecessary force, to intentionally harm the suspect, to hold the suspect in unsafe conditions, or to delay in turning the suspect over to authorities. A citizen making an arrest is acting in the place of an officer of the law, and as such, is required to uphold the same rights and civil liberties as an officer of the law must uphold.
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.