Did this man commit a crime? Or is it a citizen’s arrest?
It’s a crazy scene. When the video opens, we see a man innocently delivering a pizza to a woman’s house. The doorbell camera catches two cars chasing each other down the street. “It’s a high-speed chase! It’s a high-speed chase!” the woman begins screaming.
The quick-thinking delivery man runs out to the sidewalk, pizza box in hand, just as the man in one of the cars gets out of his vehicle and starts running. The delivery man sticks out his foot and trips the man, causing him to fall on the sidewalk.
So what’s the verdict?
Crime or Citizen’s Arrest?
In any other instance, this would be considered a crime. If you intentionally trip a person, and they fall and become injured, you could be accused of a misdemeanor or even a felony.
However, the delivery man was trying to stop a crime in this instance. Therefore, this would be a citizen’s arrest.
Questions to Ask When Making an Arrest
The laws for making a citizen’s arrest can vary depending on the state. In most instances, it involves seizing someone to detain them. However, you must ask yourself several questions before you perform a citizen arrest, such as:
- Can an officer handle this arrest? If so, you may want to avoid it for your safety.
- Will you put yourself in danger by making the arrest? For example, if the suspect is holding a deadly weapon, you may want to stay back.
- Will you be able to find an officer after the arrest is made? After all, you can only detain a person for so long.
- Are you confident the suspect was engaging in criminal conduct?
How to Make a Citizen’s Arrest
If you decide to proceed with the arrest, you must:
- Tell the suspect you are making a citizen’s arrest and are holding them until the police arrive.
- Call the police.
- Ask for their cooperation while you wait for the police.
- Avoid using force- if you must use force, use minimal force.
- Do not question or search the subject.
- Tell the police what happened when they arrive.
Time is Of the Essence When Making a Citizens Arrest
You can only arrest a person if you catch them in the act of committing a crime. Arrest them immediately after you witness them breaking the law. You cannot let time pass before making the arrest. The only exception is if you catch someone committing a crime related to your property.
If you wait until after the crime is committed and don’t “catch them in the act,” it could affect your ability to remember the details of the crime and who was involved. You may be unable to identify the suspect and risk arresting the wrong person.
However, the rules go out the window if a crime is committed on your property. You may still arrest the person within a reasonable period and use excessive force if necessary.