Making a citizens arrest.

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Making a citizens arrest.

Postby 3FULLMAGS+1 » Thu Jul 07, 2016 6:01 am

What can you do or how far can you go to "detain", or keep someone from leaving or getting away if you are making a citizens arrest?
This question just came up on OFCC's FB page.
I'm not sure if this is the best place to post this question , but if you ever find yourself in a situation like this, I think it would be a real life encounter.
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Re: Making a citizens arrest.

Postby MyWifeSaidYes » Thu Jul 07, 2016 11:03 am

They've already found this...

2935.04 When any person may arrest.
When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained.


I replied with my opinion on the issue.
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Re: Making a citizens arrest.

Postby SeanC » Thu Jul 07, 2016 11:25 am

Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.
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Re: Making a citizens arrest.

Postby djthomas » Thu Jul 07, 2016 11:38 am

SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

You forgot arrested. But just think, you could be the hero of the town. There might be a parade in your honor! Oh wait. No. You'll more than likely be ostracized as a vigilante even if it's 100% legit, by the book. I'm not on Facebook nor will I ever be, but given that this is on the OFCC page I really hope the conversation isn't also in the context of concealed carry.
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Re: Making a citizens arrest.

Postby rufus » Thu Jul 07, 2016 12:28 pm

SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.


I second that one!
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Re: Making a citizens arrest.

Postby gaptrick » Thu Jul 07, 2016 1:49 pm

SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

We REALLY need a like button....
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Re: Making a citizens arrest.

Postby Javelin Man » Thu Jul 07, 2016 2:43 pm

What if you found somebody raping your daughter/wife? Making a citizens arrest might be the best thing you could do while showing tremendous restraint. How far can you go to detain someone?
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Re: Making a citizens arrest.

Postby gaptrick » Thu Jul 07, 2016 2:50 pm

Javelin Man wrote:What if you found somebody raping your daughter/wife? Making a citizens arrest might be the best thing you could do while showing tremendous restraint. How far can you go to detain someone?

Point taken...
Unarmed people are vulnerable people, and criminal predators prey upon them.

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Re: Making a citizens arrest.

Postby sodbuster95 » Thu Jul 07, 2016 3:32 pm

It seems to me that the real question being asked is whether you may use deadly force (or the presentation thereof) to effect the detention. Since that answer would be fact specific, I would offer the opinion that doing so is entirely at your own peril.

Using a firearm to stop a violent crime that is in progress is one thing (I.E., the rape in the example above). But using a firearm simply to perform a "citizen's arrest" opens the door to a wide array of bad outcomes that are just not worth it.
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Re: Making a citizens arrest.

Postby deanimator » Thu Jul 07, 2016 6:42 pm

SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

  • I'm not a cop.
  • I don't want people to think I'm a cop.
  • I don't want to do the things that cops do.
It's not the duty of the police to protect me as an individual

Likewise, it's not my duty to investigate crimes or "apprehend" anyone.
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Re: Making a citizens arrest.

Postby catfish86 » Thu Jul 07, 2016 8:58 pm

The use of deadly force is part of everyone's CCW class. When you reasonably fear someone is about to kill or do serious physical harm to yourself or another.

Now...that being said..."Sir, I saw you take that money from the convenience store, stand there while I summon the police" Dude pulls out a knife, BANG.
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Re: Making a citizens arrest.

Postby ESAFO » Fri Jul 08, 2016 4:23 am

Javelin Man wrote:What if you found somebody raping your daughter/wife? Making a citizens arrest might be the best thing you could do while showing tremendous restraint. How far can you go to detain someone?

in this case a firearm is what this person would've wished i had, there would be no need for a citizens arrest or the need to detain them :twisted:
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Re: Making a citizens arrest.

Postby JustaShooter » Fri Jul 08, 2016 5:24 am

catfish86 wrote:The use of deadly force is part of everyone's CCW class.

If only that were true. Ohio doesn't require that to be taught in class, and especially now that the hours have been reduced to 8, some instructors teach just the NRA Basic Pistol class which does not cover self-defense or use of force law, so the only exposure the students get to these topics is the OH AG manual.
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Re: Making a citizens arrest.

Postby WY_Not » Fri Jul 08, 2016 7:08 am

How do you arrest a corpse?

Javelin Man wrote:What if you found somebody raping your daughter/wife? Making a citizens arrest might be the best thing you could do while showing tremendous restraint. How far can you go to detain someone?
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Re: Making a citizens arrest.

Postby Double3 » Fri Jul 08, 2016 7:30 am

Javelin Man wrote:What if you found somebody raping your daughter/wife? Making a citizens arrest might be the best thing you could do while showing tremendous restraint. How far can you go to detain someone?

I doubt the person would be alive to arrest if I was in that situation.

More than likely need dental records to identify.
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