Hungry Burglars Leave Trail for Police

Good police work? Come on. A child could have followed the trail of wrappers. You don't need to be a detective to figure this one out.

But a child couldn't have arrested them!

I don't know. What are the state of New York's Citizen's Arrest laws?

Hansel and dumba$$

Well, I found the UK laws, anyhow. I'll keep looking for the US version.

Citizen's arrest
On paper, we're *all* coppers.


Let's go to work
In the UK, any member of the public has the power to make an arrest (under section 24 of the Police and Criminal Evidence Act 1984). In reality, collaring someone bang to rights isn't always going to persuade a criminal to come quietly, but you are still entitled to give it a go under the following circumstances:


If you witness a crime of any kind taking place - from a bag snatch to an art heist. Should you witness someone in the act of breaking the law, you are entitled to intervene.
If you suspect a crime is taking place - you see someone crawling through an open window, so you steam in, grab their legs and make your big arrest. If it turns out to be the owner, locked out of his/her own place, you're unlikely to be done for obstruction or anything. Providing you have reasonable grounds, and don't use excessive force.
If you know someone is guilty of a crime - your housemate admits that he buried the landlord under the patio. He has a wild look in his eye, and there's blood all over his hands. Nick him.
If you suspect someone is guilty of a crime - you're standing next to a guy at the bus stop who looks just like Lord Lucan. Might be worth a try. The law is on your side, even if you're wrong.
If you've made an arrest, make sure the offender knows why. He must then be taken before a Magistrate or a police station, otherwise the arrest won't stand up in court. In practise, make sure you alert a police officer at the earliest opportunity. Later, you'll be required to make a full statement, and possibly also appear as a witness in court. So make sure you stay true to the facts.


Be careful out there!
Your right to make a citizen's arrest is not as important as your need to stay safe. If you think that collaring a criminal is going to put you in any kind of danger, back off and call the cops instead. Should you choose to make a citizen's arrest, be aware that you are only allowed to use reasonable force to do so, which could be determined in a court of law. Put simply, it means you can't steam in with your fists if the offender offers no resistance, and nor should you overdo it when apprehending someone for a trivial offence. If you do, you could lay yourself open to a charge of assault.

i think this thread will be wrapped up soon.

Aw, darnit. So much for the Littlest Police Force in New York.

The is no "citizens' arrest" law in New York. The New York Criminal Code allows anyone to use force in defense of themselves or in defense of others. However, such force has to be objectively reasonable in relation to the threat, so if you injure someone who has stolen something of little value, you probably will be charged with assault and sued for causing personal injury. The one exception to this rule is for shopkeepers. The New York General Business Law, Section 218, allows store owners and their employees to stop and physically detain suspected shoplifters until the cops get there.

http://caselaw.lp.findlaw.com/nycodes/c44/a30.html

S 218. Defense of lawful detention. In any action for false arrest,
false imprisonment, unlawful detention, defamation of character,
assault, trespass, or invasion of civil rights, brought by any person by
reason of having been detained on or in the immediate vicinity of the
premises of (a) a retail mercantile establishment for the purpose of
investigation or questioning as to criminal possession of an
anti-security item as defined in section 170.47 of the penal law or as
to the ownership of any merchandise . . . it shall be
a defense to such action that the person was detained in a reasonable
manner and for not more than a reasonable time to permit such
investigation or questioning by a peace officer acting pursuant to his
special duties, police officer or by the owner . . . "

Thanks for the background info! :wink: