Settle a Debate

[DrTodd]

imported post

RubberArm wrote:

My understanding, and someone please correct me if I am mistaken, is that in Michigan a citizen can legally arrest a person in the commission of (or about to commit?) a felony. Not so in the case of misdemeanors or civil infractions.

MCL764.16 Arrest by private person; situations.
Sec. 16.
A private person may make an arrest—in the following situations:
(a) For a felony committed in the private person's presence.
(b) If the person to be arrested has committed a felony although not in the private person's presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d (“Retail Fraud”) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.
(MCL sections dealing w/ retail fraud)


MCL764.14 Arrest by private person; disposition of arrested person; complaint.
Sec. 14.
A private person who has made an arrest shall without unnecessary delay deliver the person arrested to a peace officer, who shall without unnecessary delay take that person before a magistrate of the judicial district in which the offense is charged to have been committed. The peace officer or private person shall present to the magistrate a complaint stating the charge against the person arrested.

MCL764.20 Arrest; private persons, duty.
Sec. 20.
A private person, before making an arrest, shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, except when he is then engaged in the commission of a criminal offense, or if he flees or forcibly resists arrest before the person making the arrest has opportunity so to inform him.

 

[zigziggityzoo]

imported post

RubberArm wrote:

My understanding, and someone please correct me if I am mistaken, is that in Michigan a citizen can legally arrest a person in the commission of (or about to commit?) a felony. Not so in the case of misdemeanors or civil infractions.

Ask and you shall receive: http://legislature.mi.gov/doc.aspx?mcl-764-16

764.16 Arrest by private person; situations.
Sec. 16.

A private person may make an arrest—in the following situations:

(a) For a felony committed in the private person's presence.

(b) If the person to be arrested has committed a felony although not in the private person's presence.

(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.

(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

Edit: For (D), the only way a store can detain you is if you steal or defraud the store of $200 or more, per the two sections of the penal code listed.

 

[stephgrinage23]

imported post

RubberArm wrote:

My understanding, and someone please correct me if I am mistaken, is that in Michigan a citizen can legally arrest a person in the commission of (or about to commit?) a felony. Not so in the case of misdemeanors or civil infractions.

http://www.criminalattorney.com/pages/firm_articles_citizens_arrest.htm



I asked an undercover narcotics officer about the "Castle Doctrine"and a "Citizen's Arrest" back in October last year when we had an incident on our property.

Under the Castle Doctrine, if I were to confront an intruder in my home, while holding him at gun point, could I cuff him to discourage any attempts for him to attack, or escape while I was waiting for the police...ie: make a Citizen's Arrest.

The UO advised me that if someone were to B&E and I were home alone, (especially as a female, and if it were a male intruder) I would be better off to assume that my life would be endangered and that Mr. Intruder is armed(especially in my neighborhood) And shoot to kill. He said it would be legal to cuff/detain the intruder at gunpoint, but it would be better to call 911 while arming myself and set the phone down in range of my voice, yell out "I have a gun, if you do not leave now I will shoot you, and then if they do not back down, shoot them." In fact he went on to advise me to shoot them, bc if it were his wife at home he wouldn't want her waste moment in defending herself, and give any intruders the chance to shoot her first by calling 911.

In Michigan I'm sure making a citizen's arrest has different rules under different jurisdictions... but I do know that Security/Loss prevention personnel in like department stores/etc. can make "citizen's arrests" if they witnessed the crime committed, and they may interrogate etc. but must immediately call local law enforcement, and turn them over to authorities. I can't seem to locate what Michigan defines as a "Citizen's Arrest"

 

[stephgrinage23]

imported post

haha, Zig beat me to it... thanks for the reference, I couldn't find it.

 

[JeffSayers]

imported post

RubberArm wrote:

My understanding, and someone please correct me if I am mistaken, is that in Michigan a citizen can legally arrest a person in the commission of (or about to commit?) a felony. Not so in the case of misdemeanors or civil infractions.

I concur. You must also have firsthand knowledge of the felony and it must have occured within the previous 24 (?, there is a time limit, forget the number)hours. Once you take the person into custody, you must immediately take them to the authorities.


(WTH?, all those responses weren't there before I posted. I must be in some sort of time warp!?!)

(Nope, just too stupid to see there was a third page! )

 

[T Vance]

imported post

I have heard that Target's policy on store theft is that the "security" for their stores can't lay a finger on you.

 

[Veritas]

imported post

RubberArm wrote:

My understanding, and someone please correct me if I am mistaken, is that in Michigan a citizen can legally arrest a person in the commission of (or about to commit?) a felony. Not so in the case of misdemeanors or civil infractions.

It does have to be a felony in order for you to arrest. But it doesn't have to be a felony in order for you to attempt to prevent.

The thing is, though, is that if you intervene to prevent a misdemeanor it can quickly escalate to a felony depending on how they respond.

All said, I'm not going to sit outside Meijer and scan the parking lot for shoplifters or anything. I'm not Batman... I don't scour the streets looking for criminals. But if I see someone doing something egregiously wrong (drunk driving, vandalism, breaking and entering, assault, etc) then I call the police and keep an eye or a tail on the target until they arrive. In the case of assault, I'll generally get involved to break it up because you really don't have time for police to arrive in situations like that.