Volunteer Police Powers

[mreman]

What is the name of your state? Illinois and town of Waukegen

A guy I work with does volunteer duty at local fairs working for the police of the town. He walks around with a walkie talkie and is supposed to call in crimes. He claims he has the ability to physically detain somebody which I claimed was false, and would likely lead him to be sued or charged with battery. He also said if someone resisted him they would be charged with resisting arrest...which can not be true as he can not arrest anyone as he is not a police officer (he is a 350lb computer tech). Anyone know what powers these wannabe cops have? Can you run from them or walk away as they are not real police?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Illinois and town of Waukegen

A guy I work with does volunteer duty at local fairs working for the police of the town. He walks around with a walkie talkie and is supposed to call in crimes. He claims he has the ability to physically detain somebody which I claimed was false, and would likely lead him to be sued or charged with battery. He also said if someone resisted him they would be charged with resisting arrest...which can not be true as he can not arrest anyone as he is not a police officer (he is a 350lb computer tech). Anyone know what powers these wannabe cops have? Can you run from them or walk away as they are not real police?

My response:

Regardless of whether he wears a uniform, has a Billy Club, a gun, a badge, or whatever, a "wannabe" cop is still a citizen - - and, like any citizen who witnesses a crime, has the right to make a "citizen's arrest". That includes "detaining", "restraining from fleeing" and everything else that a cop can do - - and more that even a cop is not supposed to do.

And, because he's working under authority of the police department, and under "color of law", a fleeing person can be charged with resisting arrest and fleeing.

IAAL

 

[mreman]

Yes this was dead but

Actually in IL a citizens arrest can only be made against an immediate threat to either your safety or that of nearby people. For example you may detain and arrest a person who is wielding a gun and shooting people at random, but you may not make an arrest of someone who appears drunk or is being obnoxious.

It is also my understanding that they can not physically detain you as that is assault or could be considered such.

www.law.com defines it as such:

"A "citizen's arrest" can be made by any person when a crime has been committed in his/her presence. However, such self-help arrests can lead to lawsuits for "false arrest" if proved to be mistaken, unjustified or involving unnecessary holding."

 

[krispenstpeter]

And your assertion would be wrong Mreman

Please read Illinois Revised Statutes Chapter 30, Article III sections 30-2-25 through 2-31.

 

[I AM ALWAYS LIABLE]

Actually in IL a citizens arrest can only be made against an immediate threat to either your safety or that of nearby people. For example you may detain and arrest a person who is wielding a gun and shooting people at random, but you may not make an arrest of someone who appears drunk or is being obnoxious.

It is also my understanding that they can not physically detain you as that is assault or could be considered such.

www.law.com defines it as such:

"A "citizen's arrest" can be made by any person when a crime has been committed in his/her presence. However, such self-help arrests can lead to lawsuits for "false arrest" if proved to be mistaken, unjustified or involving unnecessary holding."

My response:

Oh, please! From whom are you getting your information? The following was located at:
http://www.illinoislawyerfinder.com/publicinfo/arrested.html

Citizen's Arrest
A private citizen may make an arrest under certain circumstances. The law permits a citizen to detain, or place under arrest a person who commits or attempts to commit a criminal offense in his presence other than an ordinance violation. All the person making the arrest has to do is prevent the accused from leaving. He may take the person by the arm and say something like, "Stop. I'm holding you for the police."

So, like I said, an Illinois resident can make an arrest for anything other than a violation of an ordinance - - which includes a misdemeanor or higher. It doesn't just have to be a "life or death" situation. It could be as little as catching someone smoking pot - a misdemeanor.

Do at least a little research BEFORE you respond - - and not with what your Grandma told you.

IAAL

 

[krispenstpeter]

Be afraid of resurrecting the Dead!

Be very afraid

 

[mreman]

IAAL-

Well you answered the question...but you didn't post far enough, this is from your same source:

"It is best not to resist a citizen's arrest, although you can't be prosecuted for resisting arrest. You may be found guilty of assault and battery."

Now this brings the question of whether the person "holding you by the arm" can restrict your freedom of movement if you do not follow their request to "stop".

 

[I AM ALWAYS LIABLE]

IAAL-

Well you answered the question...but you didn't post far enough, this is from your same source:

"It is best not to resist a citizen's arrest, although you can't be prosecuted for resisting arrest. You may be found guilty of assault and battery."

Now this brings the question of whether the person "holding you by the arm" can restrict your freedom of movement if you do not follow their request to "stop".

My response:

Mreman, are you just a punk idiot, or just a plain idiot?

You said, in your initial post, "A guy I work with does volunteer duty at local fairs working for the police of the town."

Working for the police. Working for the police. Working for the police.

Say it with me - - -

Working for the police. Working for the police. Working for the police.

That means, he's not JUST a "citizen" making an arrest. He's working for the police "under color of law and authority" to do so. That means, while he's "working for the police", he has "police powers" which means he can detain you, hold you, knock you down, handcuff you, and arrest you for being a jerk.

You really have to remember to read what you write.

IAAL

 

[mreman]

Just a plain Punk

I suppose I was confused because you stated "Regardless of whether he wears a uniform, has a Billy Club, a gun, a badge, or whatever, a "wannabe" cop is still a citizen - - and, like any citizen who witnesses a crime, has the right to make a "citizen's arrest".

That means he can only do as much as a normal citizen, color of law or no. If working under the "color of law" makes him MORE then an averege citizen, I am unsure how, and would like you to explain. He is not deputized nor is he sworn in any way as a peace officer, so how is he more then an averge citizen or have more power then a citizens arrest?.

 

[krispenstpeter]

I gave you the statute for Illinois (for which this thread is based) and unless I miss my guess, you have failed to read it.

If you had, you would have your answers.

 

[mreman]

Would he fall under other law enforcement officals?

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

 

[I AM ALWAYS LIABLE]

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

My response:

Oh, God. Somebody shoot me and put me out Mreman's misery. You think you're on the right track because you see "color of any law" - - but you've actually gone off in an incorrect tangent. All the above means is that an officer cannot deprive you of your Civil Rights - - even though he/she is an officer; i.e., Cannot deprive you under "color of law".

Even a police officer cannot lawfully beat your head in with a P-24 club, without just and legal cause, even though the officer is working "under color of law." Remember Rodney King? While the State court jury acquitted the officers, the Federal court jury found them guilty under the above concept.

So, you've gone off in the wrong direction.

IAAL