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Yes,
The statute is titled "16-3-201 - Arrest by a Private Person".
It states:
"A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest."
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoA citizen's arrest is a formal arrest by a citizen has no official government authority to make such an arrest as an agent of the government. The California Penal Code gives any citizen the right to make a citizen's arrest of another citizen in three alternative situations:
- A public offense was committed or attempted in the citizen's presence.
- The person arrested has committed a felony, although not in the citizen's presence.
- A felony has been in fact committed and the citizen has reasonable cause for believing the person arrested has committed it.
Why do we need a statute like this? Why do we need a "citizen's arrest"? Well, as the crime rate goes up, it becomes more and more important that good citizens come to the aid of one another in distress. Without such a statute, only government agents, such as police, would have the authority to stop a felon in progress. By creating the "citizen's arrest" statute we give ordinary citizens the authority to hold another citizen without fear of being sued for false imprisonment. Without the statute, the citizen who interfered in criminal activity would risk such a lawsuit.
Even with such a statute, the citizen still risks being sued if he/she is wrong on his assessment of the situation. Notice that the statute requires that the "public offense" be in the citizen's presence, or that the person arrested have committed a "felony," that is, a crime punishable by one year or more in state prison. Do you know which crimes are punishable by one or more years in state prison? Can you be absolutely sure the person you are arresting is the one who committed the offense? What if there were three people involved? Can you be sure which one is the one you should arrest? At the very least, a defense lawyer is going to argue that the requirements for citizen's arrest were not met and that the arrest, and any consequent seizure of contraband, were illegal.
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What is the statute of limitations for wrongful arrest in California?
In California, the statute of limitations for a wrongful arrest claim is typically two years from the date the claim arises. However, this timeline can vary depending on the specifics of the case, so it is important to consult with an attorney to determine the exact deadline for filing a claim.
What is the Florida statute of limitations for driving without a license and faillure to appear?
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yes
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In Oklahoma it would be three years. If the state is involved it could be as much as seven years.
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How long is statute of limitations for criminal felony which consists of possession of controlled drug paraphenalia and carrying a concealed weapon in the state of Oklahoma?
While it varies from state to state, in many places there is no statute of limitations for felonies. And in others it depends on the specific crime. Murder and rape usually don't have a statute of limitations anywhere.
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In Florida, if you have gotten a DUI, there is no statute of limitations that applies. Due process has occurred and the penalty assessed. It is a part of the criminal record and does not go away.
What is the statute of limitations for failure to appear in Washington state?
The statute of limitations is the set amount of time an individual or state can press charges. In a civil case the statute of limitations for theft varies from 2-3 years depending on the circumstances.
Are you allowed to carry out a citizens arrest before somebody has committed a crime?
(in the US) No, you are not. CAUTION: the so-called "citizen's arrest" statutes vary WIDELY from state-to-state. Make certain of your own state's law before attempting to exercise this option.
