NY: Can I Make Citizen's Arrest For Stealing Bike or Graffitti?

[WhiteCollarCrim]

NYC, NY

If I see someone painting graffitti, can I, as a citizen, arrest them?

If I see someone who seems to be stealing a bicycle, can I question them as to if the bike is theirs, and if it becomes clear they are trying to steal it, arrest them?

[outonbail]

Originally Posted by WhiteCollarCrim

NYC, NY

If I see someone painting graffitti, can I, as a citizen, arrest them?

If I see someone who seems to be stealing a bicycle, can I question them as to if the bike is theirs, and if it becomes clear they are trying to steal it, arrest them?

Yes, you can make a citizens arrest. However, if you have much in the way of common sense, you would simply call your local law enforcement agency and let them deal with these matters.

You can end up becoming a victim yourself, as well as set yourself up for a lawsuit in civil court when you go out playing cops and robbers. I'd be especially careful if you were dealing with a minor.

Since you're not actually a police officer, you would be responsible for the cost of defending yourself in any civil court action that may arise from exercising your right to make a citizens arrest. So why open a can of worms when you're not actually going fishing?

[outonbail]

I should also mention, that just because you inform the police that you wish to make a citizens arrest, that doesn't mean they will act on it. They could bring the person to jail, issue a citation, do nothing at all or, they could even arrest you if they thought your actions were in the wrong.

I also wouldn't advise going around trying to make a citizens arrest wherever you happen to be. If you're on your own property or if someone is stealing your bike you stand a better chance of seeing the arrestee charged with a crime.

Look at the situation like this. If you have a sore tooth, you can have a dentist pull it, or you can do it yourself. Which way do you think will work out the best? Which one will cause you the most pain?

[BL]

Generally , it should only be used in extreme circumstances .

IE: Violent crime , or to prevent one .

As was stated you could open yourself up to a lawsuit .

[WhiteCollarCrim]

I did a little searching on the web, and it seems in NY a citizen can make an arrest only for a felony. I'm pretty sure graffitti is not a felony. I'm not sure about stealing a bicycle.

[outonbail]

Originally Posted by WhiteCollarCrim

I did a little searching on the web, and it seems in NY a citizen can make an arrest only for a felony. I'm pretty sure graffitti is not a felony. I'm not sure about stealing a bicycle.

I find that kind of hard to believe as it is not up to a citizen to determine whether or not a crime will be charged as a felony. Heck, even the police will arrest someone for a misdemeanor and when the DA receives the case, he/she can decide to file it as a felony. This is often determined subsequent to reviewing a suspects criminal history.

In my area, the police often require the RP, or reporting/responsible party to sign a citizens arrest form before they will take action and/or arrest someone for a crime the officers didn't personally witness.. This is most common with noise complaints for loud parties.

I don't know how things are done in NY and I imagine this practice can differ from one department to the next, even within the same state.

But like I said, I don't believe that it is up to a citizen to decide the severity of an offense or what classification a crime will be prosecuted under.

Additionally, I have to believe that law enforcement would strongly encouraged citizens to call the police if their witness to a felony rather than approach a suspect themselves. Most criminals who are committing a felony know what's at stake and are therefore more likely to resist, discourage and/or eliminate a witness to their activities. Which is another good reason to leave the arrest process to the folks who are properly trained, experienced and of course paid to keep order and uphold laws.

Why are you asking about making a citizens arrest? Do you have someone in mind? Forming a plan? Polishing up the novelty handcuffs?

I assume you are aware of the fact that when you're involved in the complaint or arrest of someone for a crime you're witness to, that you will be the person who must follow through with the case and appear in court for how ever many days it takes to complete the trial.

[BL]

Read through here :

[url]http://www.criminalattorney.com/pages/firm_articles_citizens_arrest.htm[/url]

New York law extends the possibility for making a citizens arrest to any offense committed in [ones] presence. Additionally, in cases where the citizen has not necessarily witnessed the crime being committed, California law allows citizens arrests when a citizen has reasonable cause for believing the person arrested to have committed [a felony], whereas New York law applies only to situations in which person has in fact committed a felony. Distinctions such as these are importantunwarranted citizens arrests can result in repercussions (such as law suits) for well-meaning citizens who attempt to make arrests without understanding local laws. It is important to be familiar with the laws in your particular state should you want to carry out a citizens arrest, or should a citizen try to unlawfully detain you.

___________

Of course if you see a serious violent crime being committed , or about to be committed , and the police aren't around , you could stop it , or help stop it . I don't think there would be any repercussions .

[outonbail]

Originally Posted by BL

___________

Of course if you see a serious violent crime being committed , or about to be committed , and the police aren't around , you could stop it , or help stop it . I don't think there would be any repercussions .

Aside of course, from the chance of receiving a serious injury or death.

Just make sure you know what you're facing in situations like this. One very important rule to follow in life,,,,"Never underestimate your opponent"

Personal experience:

About fifteen years ago several friends and myself were at a major drag racing event. While in the stands, we saw a biker type of individual begin to beat up his girlfriend. I mean beat up as in punching her with a closed fist, knocking her over a railing and onto the ground, where he began kicking her.
I was shocked, mad and amazed that no one in these packed grand stands went to her aid.
Well I couldn't take watching this go on and I thought for sure he was going to kill this poor girl, so I looked over at my friends, they nodded and we all headed down the stands to stop this bearded jerk from inflicting any more damages on her.

The guy saw us coming and tried to make a stand against us but we had him pinned down pretty fast while another friend went for security.

The guy was obviously drunk and he was cursing and struggling to get free, but we weren't going to let him up until security arrived.

Can you believe that this beaten up, bloody face seriously injured girl, (who it turns out was also drunk) jumps on my back and tries scratching my eyes out? Talking about being ungrateful,,, I couldn't believe it!

Anyway, since we had her abusive boyfriend pinned down, a few other bystanders gained the courage to get involved and they grabbed a hold of this confused B__ch, pulled her off of me and held her until security came.
We were fortunate enough to have had an entire grandstand of witnesses, so when the police came into the picture, they just asked us a few questions then took both of them out in handcuffs.


This is just an example of how your good Samaritan involvement, can take an unexpected turn for the worse.

[WhiteCollarCrim]

Originally Posted by outonbail

Can you believe that this beaten up, bloody face seriously injured girl, (who it turns out was also drunk) jumps on my back and tries scratching my eyes out? Talking about being ungrateful,,, I couldn't believe it!

This is just an example of how your good Samaritan involvement, can take an unexpected turn for the worse.

This is a good example of a rather common scenario, to wit: domestic disputes. It is often best not to get involved in them as the women are often low self esteem persons who are intentionally and willingingly in relationships with abusers.

Often, abused persons won't press charges. That's why many jurisdicitions have made it a crime to abuse even when charges are not filed. (An abuse of Government power, but thats another topic.)

Abusering can't be compared with undisputed criminal acts such as defacing property or stealing.