Making a citizen's arrest in NJ?

[ClangClang 14]

Anyone have any info on the legality/permissibilty of making a citizen's arrest within our fine state? Not even necessarily with a gun.

 

This is NOT a discussion about whether you SHOULD, just whether or under what circumstances it might be allowed.

 

I see someone clearly commit a felony. Can I intervene? To what degree? Can I restrain? Use a makeshift weapon? Etc. Obviously, none (or very few) of us are lawyers and this is all pure conjecture. I'm just interested in the academic discussion of everything.

 

And again, I realize it's a BAD idea to even try so let's not dwell on that aspect of things.

[illy 1]

*IANAL

 

The process is essentially the same as what security guards at a department store do. Basically if you are confident that you've witnessed a felony, I wouldn't try it was a misdemeanor, you contact police if there's time available to do that first and then you make note of where the suspect is, follow them and only detain them if it's likely that they are about to leave the scene before police arrive.

You then tell the person, if you're going to detain them, that you witnessed them committing the crime, police are on their way and they need to remain where they are. Using physical force to restrain the suspect is dangerous and could open the citizen up to all types of legal, civil and criminal, liability.

Transporting the person you've detained is even more risky from a legal perspective.

In all cases police should be notified as soon as possible that you are detaining this person.

It should also be noted, that merchants i.e. storeowners etc., have greater leeway in detaining people on their property. I believe there's a set of laws called the merchant statues which offer extended legal protection in those circumstances.

[illy 1]

I should add that your participation in the matter does not end once police arrived. You will likely be asked to respond to the police station where you will be the person signing the complaint ( as opposed to the officer). You will also probably have to testify at every stage of the legal proceeding- grand jury, evidentiary hearings, and trial.

In other words it's a big responsibility to take on as you're assuming the role of the police, but without any of the training, support or legal protections that they have.

[PK90 3,570]

IMHO, you will not be required to sign a complaint. The police will investigate this incident and determine whether there is enough evidence to warrant an arrest and they will sign the criminal complaint, and use you as a witness.

[illy 1]

That's probably true in most circumstances. However, my only experience with it is when I worked retail security many years ago. Back then we were always asked to sign the complaint, since we were the ones who not only witnessed a crime but also made the initial detention.

[Tactical Turtle 11]

That's probably true in most circumstances. However, my only experience with it is when I worked retail security many years ago. Back then we were always asked to sign the complaint, since we were the ones who not only witnessed a crime but also made the initial detention.

 

I did loss p prevention for 3 years out of probably 160ish shoplifters and 45 internals for 3 different companies I only signed a few complaints I remember lawrebceville was one if the town I had to. Now if u do decide to do this remember court takes forever so have fyn missing work and sitting in court. Unless its a serious crime dont bother

[PK90 3,570]

There is a difference in an offense and a crime when signing complaints. The court may not allow a non-police officer to sign a complaint for a crime.

[jamesbod 0]

I would not use physical force unless it is a violet crime against another person & not to property.

It's just not worth you getting injured for something that can be replaced.

Use video to record if possible.

[mipafox 438]

*IANAL

 

The process is essentially the same as what security guards at a department store do. Basically if you are confident that you've witnessed a felony, I wouldn't try it was a misdemeanor, you contact police if there's time available to do that first and then you make note of where the suspect is, follow them and only detain them if it's likely that they are about to leave the scene before police arrive.

 

I wouldn't try it for a felony or a misdemeanor in Jersey since neither exist in the state.The bottom line is the police aren't going to book anybody you arrest. They are either going to arrest them themselves or charge you with whatever the equivalent of unlawful detention or other crimes are in the crimes code. I don't know specifically what they are, but they have something for every occasion.

[KpdPipes 388]

That's probably true in most circumstances. However, my only experience with it is when I worked retail security many years ago. Back then we were always asked to sign the complaint, since we were the ones who not only witnessed a crime but also made the initial detention.

Depends on the circumstances, and the charge. if it is a DP or PDP then you would have to be the complaintant, the ONLY time a Police Officer can sign a complaint for a DP that he did not witness personally is for Domestic Violence. Shoplifters, the Store employee is the one who signs the complaint as long as it is a DP if the money involved is over $200 or there was force used. As far as a full on "Citizen's Arrest"?? Never saw one in 25 years.

[PK90 3,570]

[JackDaWack 2,895]

Reminds me of police academy- citizens on patrol (COP), what a good movie!

[rightisright 3]

For me, the level of violence/depravity of the crime would be the deciding factor. Seeing someone jack my neighbor's car while he is asleep isn't going to get me into my car to try and run the perp off the road.

 

However, witnessing some scumbag fondling a kid or beating up an old lady to get her purse? Different story.

[Scott204 1]

There is no citizen arrest in NJ. If you see a crime your responsibility is to report it not illegally detain someone(I know stupid). The only thing you can intervene in is if you see someone who you believe is in danger of death or serious bodily injury and if you intervene you are only allowed to use equal force. i.e. someone beating someone with their fists you can not pick up a 2x4 you can only use your fists or feet.

[ChrisJM981 924]

There is no citizen arrest in NJ. If you see a crime your responsibility is to report it not illegally detain someone(I know stupid). The only thing you can intervene in is if you see someone who you believe is in danger of death or serious bodily injury and if you intervene you are only allowed to use equal force. i.e. someone beating someone with their fists you can not pick up a 2x4 you can only use your fists or feet.

 

Pepperspray is a wonderful thing.

[Qel Hoth 33]

There is no citizen arrest in NJ. If you see a crime your responsibility is to report it not illegally detain someone(I know stupid). The only thing you can intervene in is if you see someone who you believe is in danger of death or serious bodily injury and if you intervene you are only allowed to use equal force. i.e. someone beating someone with their fists you can not pick up a 2x4 you can only use your fists or feet.

NJSA would like to disagree with you on that point.

 

2C:3-7 (b) limits the force that may be used to effect an arrest. It refers to the person effecting the arrest as "the actor." Subsection 2 states in part,

(a) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer;

 

 

Also, both 2A:160-22 and 2A:169-3 affirm the right of private citizens to arrest.

 

2A:160-22. Arrest of accused without warrant

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 2A:160-21 of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant.

 

2A:169-3. Arrest of disorderly person without process

Whenever an offense is committed in his presence, any constable or police officer shall, and any other person may, apprehend without warrant or process any disorderly person, and take him before any magistrate of the county where apprehended.

 

Whether or not a citizen's arrest is a good idea is another topic though...

 

As always, not legal advice.

[jamesbod 0]

The only thing you can intervene in is if you see someone who you believe is in danger of death or serious bodily injury and if you intervene you are only allowed to use equal force. i.e. someone beating someone with their fists you can not pick up a 2x4 you can only use your fists or feet.

You are kidding, right? If I see a mugger beating up a bystander with a 2x4, I'm supposed to go find my own 2x4 before I intervene in a life & death situation? Hope Home Depot is close by.

[vladtepes 1,060]

IMHO, you will not be required to sign a complaint. The police will investigate this incident and determine whether there is enough evidence to warrant an arrest and they will sign the criminal complaint, and use you as a witness.

 

living in Ocean City and commuting to work put me in the position to witness numerous drunk drivers... several of which almost drove off the bridge.... every time I called it in... and every time an arrest was made... but one time when the driver pulled over before the police arrived the police stated they might need me to sign the complaint... it was a LONG time ago so I don't remember if I actually had to or not.. but I know it was discussed because they did not witness the driver operating the vehicle..

 

the worst was a women in a minivan who bounced off the guard rails of the bridge several times before she stopped.. 9 in the morning July 5th... when they took her out of the car she could barely stand up.. and there were stuffed animals on the floor in the back of the van... what a scumbag..

[70gto 142]

Interesting topic. What made me think of this was the story of the woman getting beaten in front of her two year old son recently in the news. I would like to think I would intervene to stop that assault but my memory gets fuzzy as to the aftermath. Can I detain the suspect, and if they decide they don't want to wait for the police can I use physical force to detain? (common sense of course should prevail as to the type of force)

 

Yes I am a retired LEO and yes I should remember. Honestly, in my career I never encountered this except for the loss prevention officers stopping shoplifters in the store, and that was only to prevent loss of property not life. I know how the statute reads regarding citizens right to use of force to prevent serious bodily injury etc, but I cant pinpoint the detention part.

[Silence Dogood 468]

 

You are kidding, right? If I see a mugger beating up a bystander with a 2x4, I'm supposed to go find my own 2x4 before I intervene in a life & death situation? Hope Home Depot is close by.

 

 

Whatever you do, don't ever bring a 1x2 to a 2x4 fight!!

[fslater 62]

Another question comes to mind, maybe relevant maybe not: Some one breaks into your home while your say sleeping......... They have a knife, you point your pistol at them........ They drop the knife (no longer armed with a lethal weapon). They proceed to calmly start to walk out the front door that they "broke" in. Your detaining them with a pistol/deadly force after they disarmed themselves. That OK or you just have to let them walk away as if nothing happened.......... I think I know the answer already and its a pretty discussing thing.

[glockamole 0]

I would say if you can't hold him at gun point and hes walking away you can still physically detain them. Using more force then them thats non deadly is ok. I catch shoplifters for work and the law is I can do whatever is necessary to detain them thats non deadly. I know it's not the same situation but you as a citizen saw someone commit a crime and you can legally detain them. Just don't shoot them in the back as they are running away.

[70gto 142]

Another question comes to mind, maybe relevant maybe not: Some one breaks into your home while your say sleeping......... They have a knife, you point your pistol at them........ They drop the knife (no longer armed with a lethal weapon). They proceed to calmly start to walk out the front door that they "broke" in. Your detaining them with a pistol/deadly force after they disarmed themselves. That OK or you just have to let them walk away as if nothing happened.......... I think I know the answer already and its a pretty discussing thing.

Interesting point. If you used physical force (hands and feet) within reason inside your home, to detain them I think you would be correct because they committed a felony (burglary). As silly as it sounds you may have to first secure your weapon, or risk a physical fight with your weapon readily accessible. is it doesn't become self defense anymore once you now become the instigator or pursuer if the situation escalates then to an aggravated assault or worse somebody dies during the struggle.  I envy the states with a good castle doctrine. I know what I want to say I hope I am being clear.

 

I can see the suspects attorney now, "My client realized the error of his misguided ways and immediately became remorseful and tried to leave you and your family unharmed, but that wasn't good enough for you. You had to chase and hunt him down like a dog because you wanted revenge, you couldn't wait to shoot somebody" or worse "Of course my client grabbed your gun during the struggle you started, he was fighting for his life and was forced to shoot you with your own gun in order to defend himself. Your Honor my client is seeking damages for his mental anguish."

[Newtonian 453]

This thread reminds me of an incident at my high school, circa 1969. I attended Xavier, 30 W. 16th St. in Manhattan, an all-boy, catholic, military H.S. with a shooting range in the sub-basement. Discipline was tight, given the presence of God, Jesuits, and military personnel. They had us coming and going.

 

During my sophomore year one of my classmates, a Hispanic kid whose name I forget, had had enough. He tried to execute a citizen's arrest on Brother Fred McCall, the Assistant Prefect of Discipline, whose interpersonal style was a cross between that of Stalin and Torquemada. Why he didn't go after Fr. Heavy, whose tactics would have made Goebbles blush, is beyond me.

 

I thought the kid would be excommunicated, maybe even shot, but he got off with a couple of weeks of jug (detention) and that was that. Bro. McCall was assigned to a different prison after the school year ended. My classmate eventually became a Marine officer.

 

Moral of the story: ???

 

 

 

 

[DeerSlayer 241]

 

Moral of the story: ???

Is.... the world has become a completely different place over the course of the past 40 years. The word Discipline has a different definition then it once had. I was born in 77 anyone more than a few years younger than me probably had zero fear of catching a beating for messing up. Not that it happened to me often because I knew better what the consequences of a poor decision would be. Taught us to think twice before acting. I attended Catholic grade school and the nuns didn't take any s*#t from us. I remember vividly one of the nuns walking one of my siblings home from school by the ear to my grandmother. She came here on a boat from Sicily and took less BS than my parents would even put up with. The world now is socially a place of almost no consequences for ill acts. Very sad this has become the norm.