I was arrested making a citizens arrest (or detaining the suspect while police arrive

[mikeg067]

Texas

In the past 10 days a former friend stole my work van with $20,000 worth of equipment inside. The van was pulled over in another county and the former friend said we were divorced husband and wife and convinced them it was a civil issue. I got a call that the van had been returned but it was butchered with "two front seats" left in it.

I was on my way to the police station with the officer on the phone to file a criminal complaint and file a felony warrant. On the way I see the suspect a few miles from the police station. I follow the car but they pull into a parking lot to make a u turn. Knowing they would identify me I pulled them over and got out of my car. The suspect opens the door and I grab the keys out of the ignition, announce that I am placing a citizens arrest and have the police on the way. There was a struggle, both of them jumped on top of me and I pull back. I walk to my car when one of the suspects runs after me, assaults me and takes the keys out of my ignition after hitting me repeatedly trying to get the keys back.

The officer arrives and they come up with this crazy story about what happened, that I assaulted them, etc. etc. The suspect insisted we were "family members" and the police arrested me for "assault with bodily injury- family violence". I explained I was making a citizens arrest and I was taking the keys they stole from me which had my house keys. I would call it a "citizens detention" because I had police just a few blocks away.

They arrest the suspect for theft of my auto, a third degree felony and me for the above. They told me there is no such thing as a citizens arrest in Texas. I just got home and it took about 20 seconds to find the statue.

I'm wondering what I should do? They seem to be taking these girls word for everything they say despite the fact they STOLE MY VAN AND GUTTED IT.

I'd like to get a good attorney but my experience with attorneys up until this point has been less than savory. No one seems to want to dig into the law!

I'd like to file a criminal charge against the arresting officer for wrongful arrest (kidnapping), a civil law suit against the police department, criminal charges on the girl who assaulted me with bodily injury and of course get my assault charge dismissed.

If I acted out of my legal rights then I could understand a charge for taking the keys out of the ignition but an assault charge because they attacked me is really inappropriate no matter what the situation.

The girls have been full of stories up to this point and the police seem to buy anything they say 100%. They didn't even bother to question my witness or ask me for my side of the story other than if I approached the vehicle or not. They didn't care about my bruises and cuts. The only thing they cared about was the cut on the girls finger from trying to take my keys away from me, when I was walking to MY CAR to await police.

I'm really disillusioned with the law right now. I feel I have to go full force on everyone involved and do the paperwork/criminal complaints etc. etc. all by myself.

Thanks in advance.

 

[CdwJava]

The crime must have occurred in your presence - which it apparently did not.

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.​

There is no provision in the statutes that I could find that give a private person the authority to arrest another person based upon probable cause. So, it would seem that you had no authority to make a citizen's arrest in this circumstance.

If you want to defend yourself, you will be expected to know the law as a properly educated and licensed attorney does, and will be expected to comport yourself as one, for the most part. You are not likely to get a break because you did not know a procedure or key element of the law.

I would STRONGLY recommend you consult legal counsel before trying to do this yourself. No one on the internet can possibly give you specific advice on your case because we do not know the details, nor would it be wise for you to disperse those details here, or to anyone who is not a licensed attorney retained as your counsel.

Good luck.

- Carl

 

[CavemanLawyer]

I disagree. How is this crime not committed within his presence if he actually sees them in possession and driving his stolen vehicle?

When you steal a car you can be charged with a felony if the value of the vehicle is above $1500. The theft statute does not just apply to the act of taking, it also applies to the act of possessing the stolen property. So if he sees them in it, they are still in the course of committing the theft. In any case, if you get caught actually driving the vehicle without the owner's authorization then that is a completely different crime of unauthorized use of a motor vehicle, which is a state jail felony. It seems he witnesses both of these felonies occur within his presence so this would be one of those limited circumstances where a citizen's arrest would apply.

It sounds like the officer did make a mistake since he did not even know there was such a thing as a citizen's arrest. However, if there was evidence that you assaulted these girls, even justifiably, then that still gives him probable cause to arrest you. Legal justifications are considered affirmative defenses to PROSECUTION, not exceptions where that statute doesn't apply. In other words, you can beat the rap but you can't beat the ride. Even if the officer did recognize and believe that you were making a citizen's arrest, there is still the possibility that you used excessive force, which would also be probable cause for the arrest. So, I really don't see any civil suit going anywhere, but I'd like to think it'd be a no brainer that your criminal case would be dismissed once you show your evidence (proof of vehicle ownership, proof of theft report, proof of call to police at time of incident, etc..)

If you REALLY wanted to pursue legal action you'd file a civil suit of unlawful restraint against the officer and/or a federal civil rights suit against the police dept. or the city. To be honest, I think you should just file a complaint with the police department.

 

[CdwJava]

I disagree. How is this crime not committed within his presence if he actually sees them in possession and driving his stolen vehicle?

Apparently a previous police investigation determined it was NOT a stolen vehicle. For right or wrong, I cannot say.

But, note that the OP did not say they were driving his van, but driving A "car" ... the way I read it is that the van had been recovered:

"I got a call that the van had been returned but it was butchered with "two front seats" left in it."

He was then on his way to report the theft or the vandalism, again (I suppose) and then observed the suspects driving a car. I would think that if they were driving HIS van, he would have said "van" and not "car."

In my state a private person can make an arrest for a felony based upon probable cause (and not in his presence), but apparently Texas does not extend this right to private persons. Therefore, I submit that as the vandalism to the vehicle did not occur int he presence of the OP that he did not apparently have the right to conduct a citizen's arrest.


- Carl

 

[divona2000]

Whoops, Carl beat me to it...

I disagree. How is this crime not committed within his presence if he actually sees them in possession and driving his stolen vehicle?
When you steal a car you can be charged with a felony... it also applies to the act of possessing the stolen property. So if he sees them in it, they are still in the course of committing the theft...It seems he witnesses both of these felonies occur...

...a former friend stole my work van...I got a call that the van had been returned......I see the suspect a few miles from the police station. I follow the car...I pulled them over and got out of my car. The suspect opens the door and I grab the keys out of the ignition...

...they STOLE MY VAN AND GUTTED IT...

OP's van had already been returned.
He then spotted these girls in a car, admits to pulling the suspects over, steals their keys, and fights with them. All, apparently, with no proof at all that they ever touched his van.

 

[CavemanLawyer]

Sorry, I totally misread it as them being in the stolen vehicle. Now I definitely agree with you CdwJava.

 

[CdwJava]

You had me poring over the original post to see what I missed! I will likely always defer to your opinion on such things, especially when they involve issues of TX law, so I was thinking I missed something in a hurried read!

- Carl

 

[Urtenfifteen]

I'm confused as to why you did not simply call 911 and advise the dispatcher that you have located your vehicle, that it's on the move, and that you will have the dispatcher stay on the line until a unit arrives to make the vehicle stop and take them into custody and recover your vehicle?
Wouldve taken a total of maybe 10 minutes to get an officer there.
You made a huge mistake by deciding to approach yourself. I know it must have been frustrating, but you gave these people the opportunity to put you in legal trouble and I don't understand why you thought that would be a better way of doing things.
Never EVER do anything yourself that you can have cops take care of for you. It never works out well.

 

[Zigner]

I'm confused as to why you did not simply call 911 and advise the dispatcher that you have located your vehicle, that it's on the move, and that you will have the dispatcher stay on the line until a unit arrives to make the vehicle stop and take them into custody and recover your vehicle?
Wouldve taken a total of maybe 10 minutes to get an officer there.
You made a huge mistake by deciding to approach yourself. I know it must have been frustrating, but you gave these people the opportunity to put you in legal trouble and I don't understand why you thought that would be a better way of doing things.
Never EVER do anything yourself that you can have cops take care of for you. It never works out well.

Please go back and read the thread...