Citizen's Power to Arrest

Question 1

True or false: a citizen has a right to arrest someone.

Answer 1

True

Question 2

True or false: a citizen has a right to detain someone.

Answer 2

False

Question 3

What must you have to make a citizen’s arrest?

Answer 3

• probable cause/reasonable
  grounds that a person has committed an offence
• there is no time to get a peace officer

Question 4

Name 3 examples of peace officers

Answer 4

Some examples:

• police officer, constable
• mayor
• warden, jailer, guard
• fishery guardian
• pilot in command on an aircraft in flight officer

Question 5

Name two variables a court would consider to determine if too much force was used by a citizen when making an arrest.

Answer 5

• nature of the threat, was action proportionate?
• Imminence of threat
• were there other ways the citizen could have responded
• weapon involved?
• size, age gender, physical capabilities of people involved?
• Relationship of people involved

Question 6

What is the definition of detain, and can a citizen legally detain someone?

Answer 6

• “Restricting a persons movement to gather facts based on
  a belief that the person may have committed or be
  connected with an offence. “
• No!

Question 7

What is an arrest, and can a citizen legally arrest someone?

Answer 7

• Forcible restraint that deprives a person of his or her liberty or
  freedom of movement;
• Taking or keeping a person in custody by legal authority,
  especially, in response to a criminal charge.
• Yes