NCJ Number
44479
Date Published
1977
Length
137 pages
Annotation
THIS TEXT EXAMINES THE VALIDITY, LIMITS, AND CONSEQUENCES OF CITIZEN'S ARREST IN EACH STATE.
Abstract
THE DISTINGUISHING CHARACTERISTICS OF STATES' STATUTES AND COMMON LAW RIGHTS COVERING CITIZEN'S ARREST ARE DISCUSSED. THE TERMS 'PROBABLE CAUSE' AND 'REASONABLE GROUNDS' ARE DEFINED AND DISCUSSED BASED ON THE JURISPRUDENCE OF EACH STATE. A STUDY OF ALL LANDMARK STATE AND FEDERAL CASES IS INCLUDED TO GIVE THE READER AN UNDERSTANDING OF HOW THE LAW IS APPLIED IN THIS AREA. THE AUTHOR ALSO EXAMINES THE CHANGING POLICY IN THE UNITED STATES CONCERNING THE ROLE OF CITIZEN'S ARREST IN CRIMINAL JUSTICE. ALL STATES' SHOPLIFTING STATUTES WITH GRANT OR RIGHT OF ARREST OR DETENTION ARE ANALYZED. GOING BEYOND THE OBVIOUS APPLICATION TO SECURITY PERSONNEL AND PRIVATE CITIZENS, THE SUBJECT HAS BEEN EXPANDED TO INCLUDE ITS RELATIONSHIP TO STATE AND FEDERAL AGENTS ACTING BEYOND THE SCOPE OF THEIR JURISDICTION AS WELL AS THE LIMITS OF ARREST, SEARCH, AND SEIZURE. THE TEXT ALSO OUTLINES THE VARIOUS CIVIL AND CRIMINAL RESPONSIBILITIES OF PERSONS WHO HAVE MADE AN UNAUTHORIZED OR UNLAWFUL ARREST, SEARCH, OR SEIZURE. CHARTS AND LISTS OF ALL STATE CITIZEN'S ARREST AND SHOPLIFTING STATUTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED).