Idaho's citizen arrest for misdemeanor charges

   

   

Can an Idaho citizen arrest you for a misdomeanor? 

    

    Yes but...! In Idaho a citizen can make a citizens arrest for a misdemeanor which is attempted or committed in their presence. Once the citizen makes the arrest they must inform you of the charge and bring you to a magistrate or a police officer. Or they can have the police officer effectuate the arrest for them. 

    The citizens arrest has its roots in the old west. Law enforcement wasn't always around in every town and citizens would inform the person of their intent to make the arrest, tell them what they were arrested for, and hold then deliver that person before the magistrate or a police officer. Idaho still has this relic of the wild west on its books. But its important to know the consequences of it in the modern era. 

    Generally citizens arrest still regularly occur in the petti theft arena where a store clerk sees someone shoplifting and then escorts them to a room and summons police to arrest that person. However, some police officers lately have been trying to get citizens to make complaints about other citizens for things like DUI's, Battery's, or Domestic Violence charges. This is because an officer too must witness the misdemeanor in their presence before making an arrest without a warrant. So to bypass the warrant issue, they merely ask another citizen to arrest you. 

    While the legal problems for law enforcement are minimized the problems for the citizen making the arrest are extremely dangerous. Citizens don't have law enforcements immunity. So if the citizen makes the arrest and uses excessive force, if the lack probable cause for the arrest, or if they mistakenly believe they saw something and didn't, then the citizen can be sued. Many police officer do not care about the citizen who makes the arrests potential legal liability because they are only concerned about making their arrest. But, this recent trend has gotten many attorneys to speculate on whether or not these false arrest claims need to be litigated in order to stop them. 

    If you have been arrested on a citizens arrest its important to contact an experienced attorney in Criminal Law. The attorney can help guide you through the process and could get the case thrown out if there is indication that the citizen could be wrong. If you are the citizen in trouble for making an arrest unlawfully, you should also consult an attorney. Please contact our office for a free consultation on your issue, we would be glad to help you. 

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