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Glenn Dee · August 10, 2010, 07:58 PM

My two cents according to my training.

A Citizens summary arrest is when a Citizen takes a person into custody for commiting a crime. And that Citizen holds that person until police can deliver him to police custody. The Citizen must then appear in court and swear out a criminal complaint against the person they detained. Based on their own information, testimony, and evidence. Security Guards do it all the time.
When the citizen holds a person against his or her will that person is under summary arrest. If the same person ramains by consent, or other reason ... such as stupidity there has been no arrest. The citizen who made the arrest does not represent the government, and is under no obligation to give the so-called Miranda warnings. Once the police have arrived, and taken the arrested person into custody they will have to advise him if there is any interrogation.

The big drawback is that Citizen making the arrest must be 100% correct. If the summary arrest is made based on incorrect information or a misunderstanding of law... That arrest becomes invalid. That leaves the Citizen who made the arrest subjest to answer for his own actions in a criminal, and or civil court.

The same citizen could pettition the courts for an arrest warrant based on the same information they would have made the summary arrest. Only after obtaining a warrant the arrest would have withstood judiciaL review, and be based upon probable cause.

There are several differences between a Citizen making a summary arrest, and a Police Officer doing the same. The biggest difference being indemnification.( not being held personally liable in civil court) In other words the police when they make a mistake are usually indemnified by the municipality, or state. Federal officers purchase tort insurance for this. Although this may have changed. One way I had it describe to me by a lawyer. All the average citizen has is his home, his savings, his investments, and his paycheck. These are what you risk loosing by making citizens arrests. The way he describes it... every police car is towing a, invisible trailer filled with lawyers and money. Always call the police. Let them handle things, thats what you pay taxes for.

August 10, 2010, 07:58 PM	#30
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	My two cents according to my training. A Citizens summary arrest is when a Citizen takes a person into custody for commiting a crime. And that Citizen holds that person until police can deliver him to police custody. The Citizen must then appear in court and swear out a criminal complaint against the person they detained. Based on their own information, testimony, and evidence. Security Guards do it all the time. When the citizen holds a person against his or her will that person is under summary arrest. If the same person ramains by consent, or other reason ... such as stupidity there has been no arrest. The citizen who made the arrest does not represent the government, and is under no obligation to give the so-called Miranda warnings. Once the police have arrived, and taken the arrested person into custody they will have to advise him if there is any interrogation. The big drawback is that Citizen making the arrest must be 100% correct. If the summary arrest is made based on incorrect information or a misunderstanding of law... That arrest becomes invalid. That leaves the Citizen who made the arrest subjest to answer for his own actions in a criminal, and or civil court. The same citizen could pettition the courts for an arrest warrant based on the same information they would have made the summary arrest. Only after obtaining a warrant the arrest would have withstood judiciaL review, and be based upon probable cause. There are several differences between a Citizen making a summary arrest, and a Police Officer doing the same. The biggest difference being indemnification.( not being held personally liable in civil court) In other words the police when they make a mistake are usually indemnified by the municipality, or state. Federal officers purchase tort insurance for this. Although this may have changed. One way I had it describe to me by a lawyer. All the average citizen has is his home, his savings, his investments, and his paycheck. These are what you risk loosing by making citizens arrests. The way he describes it... every police car is towing a, invisible trailer filled with lawyers and money. Always call the police. Let them handle things, thats what you pay taxes for.