You have probably heard the term citizenās arrest before, and although it sounds pretty self-explanatory, the verbiage can produce a foggy understanding. What a citizenās arrest does not do is grant the power of a peace officer to a civilian. For example, a citizen making an arrest cannot search or interrogate the perpetrator. Letās take a look at what a citizenās arrest entails and the legal restrictions of the process in Texas.
What Is a Citizenās Arrest?
In plain terms, a citizenās arrest is the temporary detainment of a person who has committed a crime in the presence of the citizen who is making the arrest. The only purpose of the citizen making the arrest is to temporarily detain the perpetrator until police arrive. This often involves the use of some force such as tackling and subduing the offender.
Is a Citizenās Arrest Legal?
The short answer is yes, citizenās arrests are legal. However, there are certain guidelines that one must follow in attempting to carry one out. Texas Penal Code 14.01 (a) states that any person may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
Therefore, as long as you are around when the crime took place and the crime was serious enough, you can make a citizenās arrest. Because of this, misdemeanors such as some traffic violations and disorderly conduct would not constitute as serious enough for a citizenās arrest. This also means that if you were to hear about a crime from another source and attempt to make a citizenās arrest, you would be outside of your rights to do so.
Citizenās Arrest Procedure
If you have witnessed a serious crime and believe that making a citizenās arrest is necessary, you should follow these guidelines.The first thing you should do is determine if you can make the arrest in a safe way. Once you decide that it is safe to make the arrest, inform the offender that you are making a citizenās arrest. Next, detain the offender and wait for police to arrive. It is imperative that you only make a citizenās arrest when absolutely necessary as you are putting yourself in harmās way. Remember that this is a police matter and they are better equipped to handle the situation than you are. If you make a citizenās arrest, you should also be aware that legal consequences may follow so be sure that you are doing it for the right reasons. A false citizenās arrest can lead to more harm than good.
Know Your Rights With Delta Bail Bonds
Itās important to know your rights. Whether you are making a citizenās arrest or you have just had your arraignment, having a plan is always the best thing you can do. Whatever your situation, Delta Bail Bonds can get you or your family out of jail and back home to await trial. Contact us if you are in the Dallas or McKinney area and we can bail you out fast!