Towards Voluntaryism (Part 30)
3.11.2. Citizen's Arrest Laws II: Hawaii to Maryland
Towards Voluntaryism (Part 30)
Citizen's Arrest Laws II: Hawaii to Maryland
11. Hawaii
§803-3 By person present.
Anyone in the act of committing a crime, may be arrested by any person present, without a warrant.
§803-6 Arrest, how made.
(a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. This done, the arrest is complete.
§803-7 Use of force.
In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel the person to submission.
§803-11 Entering house to arrest.
Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall first demand entrance in a loud voice, and state that the officer or person is the bearer of a warrant of arrest; or if it is in a case in which arrest is lawful without warrant, the officer or person shall substantially state that information in an audible voice.
§832-14 Arrest without a warrant.
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in section 832-13; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant. [L 1941, c 99, §14; RL 1945, §10644; RL 1955, §250-14; HRS §713-14; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
12. Idaho
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-601. Arrest defined.
An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-602. Arrest, how made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-604. When private person may arrest. A private person may arrest another:
- For a public offense committed or attempted in his presence.
- When the person arrested has committed a felony, although not in his presence.
- When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-606. Person arresting may summon assistance. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-608. Information to person arrested. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense, or is pursued immediately after its commission, or after an escape.
TITLE 19 CRIMINAL PROCEDURE - CHAPTER 6: ARREST, BY WHOM AND HOW MADE
19-614. Duty of private person making arrest. A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer.
13. Illinois
(725 ILCS 5/107-3) (from Ch. 38, par. 107-3)
Sec. 107-3. Arrest by private person.
Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/107-5) (from Ch. 38, par. 107-5)
Sec. 107-5. Method of arrest.
(a) An arrest is made by an actual restraint of the person or by his submission to custody.
(b) An arrest may be made on any day and at any time of the day or night.
(c) An arrest may be made anywhere within the jurisdiction of this State.
(d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/107-7) (from Ch. 38, par. 107-7)
Sec. 107-7. Persons exempt from arrest.
(a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same.
(b) Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
(c) The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same.
(d) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/107-8) (from Ch. 38, par. 107-8)
Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18.
(b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer.
(c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer.
(Source: P.A. 80-360.)
14. Indiana
Indiana Criminal Law and Procedure
IC 35-33-1-4
Any person Sec. 4.
(a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace. (b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer. (c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
IC 35-41-3-3
Use of force relating to arrest or escape Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony. However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
15. Iowa
804.6 PERSONS AUTHORIZED TO MAKE AN ARREST
An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter.
804.9 ARRESTS BY PRIVATE PERSONS
A private person may make an arrest:
- For a public offense committed or attempted in the person's presence.
- When a felony has been committed, and the person has reasonable ground for believing that the person to be arrested has committed it.
804.10 USE OF FORCE IN ARREST BY PRIVATE PERSON
A private person who makes or assists another private person in making a lawful arrest is justified in using any force which the person reasonably believes to be necessary to make the arrest or which the person reasonably believes to be necessary to prevent serious injury to any person.
A private person who is summoned or directed by a peace officer to assist in making an arrest may use whatever force the peace officer could use under the circumstances, provided that, if the arrest is unlawful, the private person assisting the officer shall be justified as if the arrest were a lawful arrest, unless the person knows that the arrest is unlawful.
804.13 ARREST - DISPOSITION OF PRISONERS
Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person.
804.14 MANNER OF MAKING ARREST
- The person making the arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case, and require the person being arrested to submit to the person's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so.
804.20 COMMUNICATIONS OF ARRESTED PERSONS
Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person’s family or an attorney of the person’s choice, or both. Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney . If a call is made, it shall be made in the presence of the person having custody of the one arrested or restrained. If such person is intoxicated, or a person under eighteen years of age, the call may be made by the person having custody. An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay. A violation of this section shall constitute a simple misdemeanor.
[804.24 ARRESTS BY PRIVATE PERSONS -- DISPOSITION OF PRISONER]
A private citizen who has arrested another for the commission of an offense must, without unnecessary delay, take the arrested person before a magistrate, or deliver the arrested person to a peace officer, who may take the arrested person before a magistrate, but the person making the arrest must also accompany the officer before the magistrate.
16. Kansas
Chapter 22, Article 24, Section 3: Criminal Procedure
22-2403: Arrest by private person. A person who is not a law enforcement officer may arrest another person when:
(1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or
(2) any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest.
Chapter 22, Article 24, Section 5: Criminal Procedure
22-2405. Method of arrest.
(1) An arrest is made by an actual restraint of the person arrested or by his submission to custody.
(2) An arrest may be made on any day and at any time of the day or night.
(3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.
17. Kentucky
Kentucky Revised Statues 431.005 Arrest by peace officers -- By private persons.
(6) A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it.
See also, "Citizens' Arrest" by David C. Grossack, Constitutional Attorney (1994) Published By Citizens' Justice Programs Post Office Box 90, Hull, Massachusetts 02045: "Kentucky law holds that a person witnessing a felony must take affirmative steps to prevent it, if possible. (See Gill v. Commonwealth, 235 KY 351 (1930.) Indeed, Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code § 37; S 43, §44.)
18. Louisiana
Louisiana state law is not based on English common law, but on French and Spanish civil law - fortunately however there are provisions for enacting a citizen's arrest.
Louisiana Code of Criminal Procedure Article 214
Art. 214. Arrest by private person; when lawful
A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.
[Louisiana Code of Criminal Procedure Article 216] (http://www.legis.la.gov/legis/Law.aspx?d=112366)
Art. 216. Time and place of making arrest
An arrest may be made on any day and at any time of the day or night, and at any place.
Louisiana Code of Criminal Procedure Article 218
Art. 218. Method of arrest without warrant
A peace officer, when making an arrest without a warrant, shall inform the person to be arrested of his intention to arrest him, of his authority, and of the cause of the arrest. A private person, when making an arrest, shall inform the person to be arrested of his intention to arrest him and of the cause of the arrest.
The officer or private person making the arrest need not so inform the person to be arrested if the person is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer or person making the arrest has an opportunity to so inform him, or when the giving of the information would imperil the arrest.
Louisiana Code of Criminal Procedure Article 220
Art. 220. Submission to arrest; use of force
A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained.
Louisiana Code of Criminal Procedure Article 226
Art. 226. Duty of private person after making arrest
A private person who has made an arrest shall immediately turn the prisoner and all effects removed from him over to a peace officer.
19. Maine
Title 17-A: MAINE CRIMINAL CODE Part 1: GENERAL PRINCIPLES Chapter 1: PRELIMINARY
§16. Warrantless arrests by a private person
Except as otherwise specifically provided, a private person has the authority to arrest without a warrant: [2007, c. 173, §7 (AMD).]
- Any person who the private person has probable cause to believe has committed or is committing:
A. Murder; or [1977, c. 510, §25 (RPR).]
B. Any Class A, Class B or Class C crime. [1975, c. 740, §22 (NEW).]
[ 2007, c. 173, §7 (AMD) .] - Any person who, in fact, is committing in the private person's presence and in a public place any of the Class D or Class E crimes described in section 207; 209; 211; 254; 255-A; 501-A, subsection 1, paragraph B; 503; 751; 806; or 1002.
[ 2007, c. 518, §5 (AMD) .] - For the purposes of subsection 2, in the presence has the same meaning given in section 15, subsection 2.
[ 1975, c. 740, §22 (NEW) .]
20. Maryland
The Solutions Institute states that they "could not find the code for citizens arrest in Maryland statues," nor have I been unable to locate any statute in the Maryland Code of Criminal Procedure dealing specifically with the execution of a citizen's arrest or an arrest by "any person" etc.
http://extension.umd.edu/learn/can-i-make-citizen%E2%80%99s-arrest (--- anti-citizens arrest prop)
"Maryland’s Court of Appeals has found that at common law private citizens and peace officers have the right to make arrests of those suspected of committing a crime. In Maryland in order to have the authority to make a citizen’s arrest, a public citizen must meet some qualifications: 1) a felony (such as murder in the first degree or theft of at least $1,000) was committed in their presence; 2) the public citizen has reasonable grounds to believe the detained person committed a felony; or 3) the person committed a misdemeanor (such as trespass, or thefts under $1,000) which amounts to a breach of the peace in the presence or sight of the arresting citizen.
In making these arrests, force must not be used. Deadly force may never be used. If the person flees your property, you should not pursue but allow law enforcement to pursue."
...
Next: Towards Voluntaryism (Part 31) Citizens Arrest III: Massachusetts - New Jersey
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nice post
Curated for #informationwar (by @truthforce)
Relevance: Teaching truth about arrest laws