Citizen Arrest

[Archangel88]

State of Florida
Can a citizen place a State Governor or State Legislator under citizen's arrest for violating the Constitution of the United States and/or violating their oath of office.

 

[Zigner]

State of Florida
Can a citizen place a State Governor or State Legislator under citizen's arrest for violating the Constitution of the United States and/or violating their oath of office.

That would be a foolish thing to attempt.

 

[xylene]

Let's see: No.

 

[Taxing Matters]

State of Florida
Can a citizen place a State Governor or State Legislator under citizen's arrest for violating the Constitution of the United States and/or violating their oath of office.

Citizen’s arrests are not something authorized by either the U.S. Constitution or federal law. The extent to which citizen’s arrest is possible depends on the applicable state law. In Florida, no statute authorizes citizen’s arrest. It is allowed however under common law in two circumstances: where you witness the crime taking place or where the crime is a felony and you have sufficient reason to believe that the person committed that felony offense. “At common law, a private citizen may arrest a person who in the citizen's presence commits a felony or breach of the peace, or a felony having occurred, the citizen believes this person committed it.” Edwards v. State, 462 So. 2d 581, 582 (Fla. Dist. Ct. App. 1985).

But understand two very important things about these arrests. First, all that you are authorized to do is hold the person until the police arrive, at which time it is up to the police to decide whether to continue the arrest or release the person. That means that you can pretty well bet that if you attempt an arrest of the governor or a state legislator on the kind of crimes you suggest that they would likely decline to make the arrest and refer you to making a complaint with the state or U.S. attorney. Second, if you make an arrest for a felony not committed in your prsence and it turns out that the person is not guilty of that crime you may end up civilly or criminallly liable for false arrest.

Given that your arrest is not likely to accomplish much (aside from perhaps giving you your 5 minutes of fame on Florida news) and carries significant risk of legal consequences if you’re wrong, I suggest this is not a very prudent way to go. Instead, if you have real evidence of a crime committed by the governor or legislator, provide that evidence to state and/or attorney general.

 

[Zigner]

I suggest that such a move almost definitely would result in some sort of criminal charges against the OP...

 

[PayrollHRGuy]

And at least in the case of the Governor there will likely be a State Police security officer standing nearby.

 

[Taxing Matters]

I suggest that such a move almost definitely would result in some sort of criminal charges against the OP...

Only if the OP were to commit some crime in the effort to make the citizen’s arrest. It should go without saying that the OP ought not commit any crimes in the process of trying to do it (and this assumes the OP has evidence to support a felony in the first place, which I strongly suspect the OP does not have). But given the security around high elected officials, I can foresee huge practical problems standing in the way of trying to make this citizen’s arrest peaceably.

 

[Zigner]

Only if the OP were to commit some crime in the effort to make the citizen’s arrest. It should go without saying that the OP ought not commit any crimes in the process of trying to do it (and this assumes the OP has evidence to support a felony in the first place, which I strongly suspect the OP does not have). But given the security around high elected officials, I can foresee huge practical problems standing in the way of trying to make this citizen’s arrest peaceably.

Assault comes to mind...you can be sure some charges would be, at the very least, filed, even if they're later dismissed.

 

[Taxing Matters]

Assault comes to mind...you can be sure some charges would be, at the very least, filed, even if they're later dismissed.

Bear in mind that a person need not lay a hand on the suspect to make an arrest. He may simply go up to the person and say “I'm placing you under arrest, stay here while I call the cops.” But of course getting even close enough to that with the governor is a challenge, and even if he or she can manage it, as I said before it is likely that the police would refuse to make the arrest.

 

[CTU]

Citizen’s arrests are not something authorized by either the U.S. Constitution or federal law. The extent to which citizen’s arrest is possible depends on the applicable state law. In Florida, no statute authorizes citizen’s arrest. It is allowed however under common law in two circumstances: where you witness the crime taking place or where the crime is a felony and you have sufficient reason to believe that the person committed that felony offense. “At common law, a private citizen may arrest a person who in the citizen's presence commits a felony or breach of the peace, or a felony having occurred, the citizen believes this person committed it.” Edwards v. State, 462 So. 2d 581, 582 (Fla. Dist. Ct. App. 1985).

But understand two very important things about these arrests. First, all that you are authorized to do is hold the person until the police arrive, at which time it is up to the police to decide whether to continue the arrest or release the person. That means that you can pretty well bet that if you attempt an arrest of the governor or a state legislator on the kind of crimes you suggest that they would likely decline to make the arrest and refer you to making a complaint with the state or U.S. attorney. Second, if you make an arrest for a felony not committed in your prsence and it turns out that the person is not guilty of that crime you may end up civilly or criminallly liable for false arrest.

Given that your arrest is not likely to accomplish much (aside from perhaps giving you your 5 minutes of fame on Florida news) and carries significant risk of legal consequences if you’re wrong, I suggest this is not a very prudent way to go. Instead, if you have real evidence of a crime committed by the governor or legislator, provide that evidence to state and/or attorney general.

TIL.

Thank you, Tax.

(is Mom ever going to give us back the "like" button? We promise not to abuse it!)

 

[Zigner]

Bear in mind that a person need not lay a hand on the suspect to make an arrest. He may simply go up to the person and say “I'm placing you under arrest, stay here while I call the cops.” But of course getting even close enough to that with the governor is a challenge, and even if he or she can manage it, as I said before it is likely that the police would refuse to make the arrest.

Fair enough

 

[Just Blue]

State of Florida
Can a citizen place a State Governor or State Legislator under citizen's arrest for violating the Constitution of the United States and/or violating their oath of office.

Is this related to the new gun restriction law that was passed? That minors (under 21) can not own assault rifles? If so I would like you to point out where in the US Constitution states that a 18, 19 or 20 year old CAN, by RIGHT, own an assault weapon?

 

[CdwJava]

Is this related to the new gun restriction law that was passed? That minors (under 21) can not own assault rifles? If so I would like you to point out where in the US Constitution states that a 18, 19 or 20 year old CAN, by RIGHT, own an assault weapon?

Well, since FL Bill 7026 does not even use the fluid and often undefined term, "assault rifle" or "assault weapon", THAT wouldn't be the argument to use at all. I doubt there can be a Constitutional argument against the recent restrictions, but it had nothing to do with "assault rifles".

It also mandates a 3 day waiting period and allows for law enforcement to seize firearms of those who MAY be mentally unstable ... that last bit is where the law could be vulnerable, depending on how it is crafted and interpreted.

 

[Taxing Matters]

Is this related to the new gun restriction law that was passed? That minors (under 21) can not own assault rifles? If so I would like you to point out where in the US Constitution states that a 18, 19 or 20 year old CAN, by RIGHT, own an assault weapon?

If this was the basis for the OP’s desire to arrest officials then he or she is way off the mark. It is no crime for the state legisature and the governor to approve legislation that the courts may deem later to be unconstitutional. It simply means that the unconstitutional law which is passed is invalid. Any attempt to do a citizen’s arrest for that would be an incredibly bad idea, as there is absolutely no basis for arrest and would open up the OP to liability for false arrest or other claims as a result.

 

[CTU]

If this was the basis for the OP’s desire to arrest officials then he or she is way off the mark. It is no crime for the state legisature and the governor to approve legislation that the courts may deem later to be unconstitutional. It simply means that the unconstitutional law which is passed is invalid. Any attempt to do a citizen’s arrest for that would be an incredibly bad idea, as there is absolutely no basis for arrest and would open up the OP to liability for false arrest or other claims as a result.

Unfortunately there are entire sub-groups on reddit devoted to this sort of bologna. There is also a common political thread amongst them all, alas.