![]() While it is legal to make a citizen’s arrest for breaching the peace, it is not recommended that individuals do so unless he has reason to believe that the disturbance is likely to continue. ![]() Fighting in public, or threatening to cause or engage in a fight in public.Allowing a dog to bard continuously or frequently for prolonged periods of time.Playing music so loud as to disturb the neighbors.Shouting or yelling for an excessive period of time.Making or causing excessively loud noise.The only exception to this rule is when the offending person is breaching the peace, which is also referred to as “disturbing the peace.” A breach of peace is the misdemeanor criminal act of engaging in disorderly conduct, such as: For example, an ordinary citizen generally cannot arrest or detain another person for a minor violation, such as a traffic violation. For this reason, any citizen considering placing someone under citizen’s arrest should be quite sure the other person is committing a felony, which is a serious crime. The laws regarding when a citizen’s arrest should be made are intended to protect people from being randomly detained by other people. Citizen’s Arrest for a Felony or Breach of Peace ![]() When the police arrive, they take the offender into custody, and charge him with assault and battery. Brent catches up to the man and physically detains him, asking a passerby to call 9-1-1. When Brent yells at him in an attempt to stop the man from further hurting the woman, the man attempts to run away. While in the alley, he witnesses another man strike a woman across the face with an object, knocking her to the ground. While walking home from work, Brent takes a shortcut through an alley. In any use of citizen’s arrest, the police or other appropriate law enforcement agency must be called immediately and informed of the situation so that officers can respond promptly. ![]() In order for this action to be legal, however, the arresting citizen must be present, witnessing the act, and have a reasonable belief that it will continue. In addition, however, an individual who is known to have committed a felony may be detained by citizen’s arrest until law enforcement officials arrive to take him into custody.Ī person may be placed under citizen’s arrest if he is in breach of the peace, which is usually a misdemeanor charge. Generally speaking, an individual may be detained by citizen’s arrest only if the person detaining him actually witnessed him breaking the law, or has a very good reason to believe he has just done so. While citizen’s arrests are subject to fewer laws and regulations than arrests made by law enforcement officers, there are legal guidelines and restrictions as to when a citizen’s arrest should be made. ![]()
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