NationStates Jolt Archive

I'm curious, such as in a terrorist plot or something when a citizen knows that something will "go down", but the police require a warrant. Can said citizen search their suspect's home and/or arrest the suspected person?

As far as I know, it'll probably go down like this: If you break into somebody's home and find a whole buncha stuff that proves they are like Al-Qaeda level terrorists, you will be a hero. If you break into someone's home and find nothing, you will go to jail for quite some time.

Acting independently of law enforcement is usually a very bad idea.

A citizen can initiate a citizen's arrest, if that's what you mean. The would basically make sure the person he arrested doesn't go anywhere until the police can get there to make a formal arrest. As for searching someone else's house or property, I'm not exactly sure but I think that its not really legal.

There is such a thing as a Citizen's Arrest, but I'm not quite sure what all is involved in that (for instance, what is the difference between a citizen's arrest and assault?).
And going into someone's house without their permission so you can search for things is generally called "robbery." *nods*

I'm curious, such as in a terrorist plot or something when a citizen knows that something will "go down", but the police require a warrant. Can said citizen search their suspect's home and/or arrest the suspected person?

Not legally.

Not legally.
As long as you don't get caught, anything is legal. *nod*

Would anyone like a stolen pretzel?

http://en.wikipedia.org/wiki/Citizen%27s_arrest
It seems you must see the crime happen or be asked by the police for help to carry out a citizen's arrest in the US.

http://en.wikipedia.org/wiki/Citizen%27s_arrest
I did consult that, but I also wanted...human answers.

As long as you don't go into the house on the recomendations of the cops, yes, it is admissable in court. Illegal, but admissable. Its like if you break in to do a burglary, get caught, and use what you find to cut a deal.

As long as you don't get caught, anything is legal. *nod*

Would anyone like a stolen pretzel?
*Tackles Posi*
HA! I've caught the criminal! Somebody, raid his house for evidence!

Are you serious? How could that ever not be burglary/trespass? Anything you do happen to find would be inadmissable in court, however, if its a terrorist (imminent threat) I'm sure they would take exception, in fact even if it was a non-imminent threat, the law doesn't seem to exist anymore for this single aspect of crime. As for citezin's arrest, my understanding was that you basicly just inform the "perp" that you are placed under citezins arrest, and then hope they simply sit there untill the real law enforcement arrived. Bounty hunters are an exception to these rules, as the person they are after is already technically "arrested" they can enter the persons property with out a warrant and even clobber said person in order to make a recovery of a bail-bond jumper. Even these will probably be licensed in the near future, as several idiots that were bounty hunters have broken into wrong apartments and beaten up (or worse) innocent individuals. Did you really think there was some bylaw that allowed civilians to violate each others rights? If this was true police would get all their work done off duty.

Everything I've said applies to the USA, I can't speak for foreign law.

As far as I know, it'll probably go down like this: If you break into somebody's home and find a whole buncha stuff that proves they are like Al-Qaeda level terrorists, you will be a hero. If you break into someone's home and find nothing, you will go to jail for quite some time.

Acting independently of law enforcement is usually a very bad idea.
Agreed! :)

There is such a thing as a Citizen's Arrest, but I'm not quite sure what all is involved in that (for instance, what is the difference between a citizen's arrest and assault?).
And going into someone's house without their permission so you can search for things is generally called "robbery." *nods*

If you're making a citizen's arrest you witness the person doing something illegal then sit on him till the cops show up. If its assault you want, you blackjack the person when he's not looking and take his wallet.

Not legally.

But what would you receive? only a slap on the wrist, ergo if you know terrorism is about to go down, screw the law, take the penalty and live in good conscience, duh

If you're making a citizen's arrest you witness the person doing something illegal then sit on him till the cops show up. If its assault you want, you blackjack the person when he's not looking and take his wallet.
Taking his wallet is robbery (and the bit about breaking into the persons house should have been burgaling, eargh). But I am pretty sure that there is a point at which your "holding him down" becomes "beating the living shit out of him, just 'cuz", but that line probably isn't set in stone anywhere.

But what would you receive? only a slap on the wrist, ergo if you know terrorism is about to go down, screw the law, take the penalty and live in good conscience, duh

If the terrorist catches you, you might receive a stern lecture about personal privacy.

You know, that and a hatchet in your head. :p

Taking his wallet is robbery (and the bit about breaking into the persons house should have been burgaling, eargh). But I am pretty sure that there is a point at which your "holding him down" becomes "beating the living shit out of him, just 'cuz", but that line probably isn't set in stone anywhere.

I know taking his wallet is robbery, but maybe you'd get lucky, he'd have an expired driver's license or someone else's credit card and you could claim it as a citizen's arrest. That's not very likely, though. The line between holding the person down and beating them up is pretty hard to spot, kind of like the line where using (for police) a knight-stick and pepper spray on someone who's resisting them becomes use of excessive force.

Bounty hunters in the US operate under a separate old law that allows them to do about anything. And in most states there is no license so you can become a bounty hunter just by saying you are.

Are you serious? How could that ever not be burglary/trespass? Anything you do happen to find would be inadmissable in court, however, if its a terrorist (imminent threat) I'm sure they would take exception, in fact even if it was a non-imminent threat, the law doesn't seem to exist anymore for this single aspect of crime. As for citezin's arrest, my understanding was that you basicly just inform the "perp" that you are placed under citezins arrest, and then hope they simply sit there untill the real law enforcement arrived. Bounty hunters are an exception to these rules, as the person they are after is already technically "arrested" they can enter the persons property with out a warrant and even clobber said person in order to make a recovery of a bail-bond jumper. Even these will probably be licensed in the near future, as several idiots that were bounty hunters have broken into wrong apartments and beaten up (or worse) innocent individuals. Did you really think there was some bylaw that allowed civilians to violate each others rights? If this was true police would get all their work done off duty.

Everything I've said applies to the USA, I can't speak for foreign law.

The admissability of evidence in this situation varies from state to state. Under citizens arrest, you are allowed to use reasonable force to detain a suspect. That doesn't include beating him to a bloody pulp, but you would be permitted to use handcuffs, etc. (The most common citizen's arrest scenerio is when a Rent-a-cop apprehends a shop-lifter)

If the terrorist catches you, you might receive a stern lecture about personal privacy.

You know, that and a hatchet in your head. :p

*Revnia laughs at hatchets as he polishes his Axe*

*seriously*

I'm curious, such as in a terrorist plot or something when a citizen knows that something will "go down", but the police require a warrant. Can said citizen search their suspect's home and/or arrest the suspected person?

You have brown neighbours, huh?

I'm curious, such as in a terrorist plot or something when a citizen knows that something will "go down", but the police require a warrant. Can said citizen search their suspect's home and/or arrest the suspected person?

I'm not even going to address the legal question.

The answer is don't do it. Involve law enforcement.

I'm curious, such as in a terrorist plot or something when a citizen knows that something will "go down", but the police require a warrant. Can said citizen search their suspect's home and/or arrest the suspected person?
I'm not going to answer, but merely ask for more specification:

Which country?

Bounty hunters in the US operate under a separate old law that allows them to do about anything. And in most states there is no license so you can become a bounty hunter just by saying you are.

hmm. . . that gives me an idea. . . .


but really, breaking and entering to find stuff, and not finding anything. . .

sound like iraq? anyone?

sound like iraq? anyone?

No, no, no, we went into Iraq to liberate the Iraqis and spread democracy throughout the Middle East (except Palestine, of course, because their democracy sucks). The WMDs were just a smokescreen to confuse the terrorists, so they would never suspect our intentions and capabilities. Just like we never told anyone about the new Nixon-like wiretapping program, among other things.

Are you serious? How could that ever not be burglary/trespass? Anything you do happen to find would be inadmissable in court,

As long as you aren't acting as an agent of law enforcement, it is admissable.

Its like when a mob thug turns states evidence. The only reason he has this information to testify with is because he was there commiting crimes himself. He still may face his own (reduced) charges, but his experience is admissable.

If you know they're going to do it, just call the police. It's not like they'd have difficulty getting a warrant to do it, unless the attack is imminent. Then I think it's time to just go vigiliante and kill them or disable their ability to carry out the attack.

didn't read the whole thred, but a friend(A) of mine went through another friend's(B) things once (broke in to his apt. and searched) and brought incriminating evidence to the police, the cops arrested friend B, but when it went to court friend B's lawyer had the evidence supressed because it was an illegal search........based on the fact that friend A neither had permission nor a warrant to be in the apartment. Friend B got his case dismissed, even though he was engaged in wrong doing because the police didn't have any "legally obtained " evidence. I was told that if they had gotten a tip from friend A, or if he had just gone to them with his suspicions that they could have legally built a case, got a warrant, found the same exact stuff, and friend B probably would still be in jail.