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Old November 18, 2012, 07:54 AM   #76
OldMarksman
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Join Date: June 8, 2008
Posts: 1,908
Quote:
Posted by Frank Ettin: As for 776.07, that presumes a person in custody as a result of an arrest.
Yes, it does.

Quote:
But what are the rules applicable to a citizen lawfully performing an arrest?
In order to lawfully employ force in the course of an arrest, a citizen must have been summoned or directed by a sworn officer to assist in the arrest.

The law in some states permits a citizen to employ force to effect a citizen's arrest without having been requested by an officer to assist. The requirements vary among jurisdictions, but no one in his right mind would want to expose himself the civil liability.
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