There are state and federal laws in place to protect citizens. Law enforcement agencies are in place at both the federal and state levels to ensure that people follow the law. For the most part, we leave arrests up to the professionals who are there to uphold the rules. Although the police are in place to handle unlawful situations, there may be times when a regular citizen is authorized to make an arrest. So, what exactly is a citizen’s arrest, and is it legal?
What is a Citizen’s Arrest?
You may be familiar with the term “citizen’s arrest” from various television shows and movies. Many people don’t realize that a citizen’s arrest is a real option in some circumstances. A citizen’s arrest is the arrest of someone by a regular citizen as opposed to a police officer. It means that a regular citizen detains another person because of a crime that was allegedly committed. In North Carolina, citizens are allowed to detain another person, but it is not technically called an arrest. Citizens are also allowed to assist police officers when needed.
How Does a Citizen’s Arrest Work?
A citizen’s arrest, or detention, allows a private citizen to detain someone else when the citizen has probable cause to believe that the other person committed a crime in their presence. Only specific types of crimes are included in the ability to detain another person. This includes when a felony crime was committed, when there was a breach of peace, when the crime involved an injury, or when there was a crime of theft or destruction of property. In these instances, a private citizen may detain a person until police arrive and take over the process.
Is a Citizen’s Arrest Legal?
North Carolina General Statutes 15A-404 states that a citizen may detain someone else only in the circumstances described above. The detention must be made “in a reasonable manner considering the offense involved and the circumstances of the detention.” The citizen who detains another must have witnessed the crime. A citizen may only detain another person for the period of time it takes to determine whether a crime was committed or when the person is surrendered to a member of law enforcement. Any detention longer than that is not a legal detention.
It is important to note that the law refers to a “citizen’s arrest” not as an actual arrest but as a detention. Therefore, a person’s constitutional rights may not apply until and unless the person is placed into custody and arrested by a police officer. A citizen’s arrest or detention is often used in situations where law enforcement is not yet present or in cases where a member of law enforcement requests assistance from a private citizen. After the private citizen turns the detainee over to law enforcement, the police take over the detention and arrest process as per usual methods.
If you have been improperly arrested or are facing criminal charges, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation to talk about your case.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/citizen%27s_arrest
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-404.html
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