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Article:
Citizen's Arrest.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
While I was pondering the topic for this month’s
article, there were news reports showing a citizen
attempting a citizen’s arrest of President Bush’s dear
friend and political advisor, Karl Rove. Although we
have all heard the term citizen’s arrest, it occurred to
me that most citizens, me included, did not know the
circumstances of when one could effect a citizen’s
arrest. Before I get a polite call from the Sheriff, I
am not advocating that anyone make a citizen’s arrest of
Karl Rove or anyone else, but I thought you would be
interested to know what the law generally says in
this regard. Because space is limited, this article is
not intended to provide legal advice and you rely upon
information in this article at your own risk.
Florida courts have repeatedly recognized that private
persons can arrest someone for a felony committed in
their presence and for a felony that they knew was
committed if they have probable cause to believe and, in
fact, believe that the person arrested perpetrated the
felony. A felony is usually a serious crime punishable
by more than one year in jail. Interestingly, there is
at least one case that recognized the right to make a
citizen’s arrest for the breach of peace but that case
dealt with a person who was arrested for driving under
the influence. Although usually not a felony under
Florida law, the court in that case likened such a
driver to be at the wheel of a “killing machine.”
The right to making a citizens arrest arises out of the
English common law, i.e., the law that was brought over
from England and is still enforce today except to the
extent that it was changed by our constitution, our
statutes or our courts. In simple terms, to make a
citizen’s arrest you must show that: 1) you have
probable cause, i.e., a reasonable belief that someone
is guilty of a felony, and 2) you actually believe that
the person is guilty of a felony. To put it another
way, even if you know a felony was committed, you have
no right to stop, much less arrest, a suspect on the
grounds of founded suspicion alone. If you arrest
someone who is not convicted, you risk a lawsuit for
false imprisonment, battery and other causes of action
or even worse, criminal charges. If someone you
arrested is not convicted, that person will suggest you
never had probable cause and you may have big problems
on your hand. And before you think that you have all of
the evidence for a conviction, think again. As any
prosecutor will tell you, they often decide not to
prosecute based on a person’s prior record, their lack
of resources or for other reasons.
If
one were making a citizen’s arrest, it would be
recommended to inform the arrestee that “I am placing
you under arrest.” Without such notification, a
situation would likely develop where the person being
arrested might hurt you in “self defense” believing that
he or she was simply defending themselves.
The right to arrest a person generally includes the
right to try to prevent his escape. Courts are
conflicted over the amount of force justified to prevent
escape. Some have ruled that one may only use such
force in preventing the escape as is necessary, or as
appears to him in the exercise of reasonable discretion
to be necessary. Again, if you are wrong, you could be
faced with a lawsuit or worse. If you make a citizen’s
arrest, you need to promptly and safely deliver the
person over to law enforcement, preferably by calling
911 and waiting for an officer to arrive.
If
you have an idea for an article, please send an email to
sfahlgren@ForTheConsumer.com.
Disclaimer: The above Article
is intended to give you, the consumer, insight into various legal topics. This
information is not intended as legal advice, but rather helpful topical
information.
 If
you require professional legal services regarding
Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Jacksonville criminal defense attorney
& lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
by calling
904.845.2255.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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