Can a retired police officer make a citizens arrest?
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Can a retired police officer make a citizens arrest?
This is of a customer doing business in their store based on their knowledge that this individual may have an outstanding warrant and hold that person for the police by holding a tazer to the individuals neck while having them sit on their knees for over an hour?
Asked on October 23, 2012 under Criminal Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country anyone can make a citizen's arrest IF the citizen actually sees a crime happening. The possibility that a person "may" have an outstanding warrant does not allow an individual to make a citizen's arrest by holding a tazer to the individual's neck. Such conduct could be deemed the basis for a civil and a criminal action against the person holding the tazer.
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