Each state has some way that a “Citizen’s Arrest” can be performed; for instance, California Penal Code section 837 reads:
“A private person may arrest another:
For a public offense committed or attempted in his/her presence.
When the person arrested has committed a felony, although not in his presence.
When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.”
According to 2012 Supreme Court ruling The State of Ohio v. Mbodji, in order for a ‘Citizen’s Arrest’ to be performed legally:
“A citizen ‘may file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney.‘ A ‘reviewing official’ is a judge, a prosecuting attorney, or a magistrate.”
Many of the worst crimes that have truly hurt The People have been gotten away with simply because no one filed an affidavit in the federal district court calling for an arrest. By law, your 5th Amendment Right to due process cannot be denied, & the offending person will be arrested pending the review of your evidence. IF the judge rules that charges will not be filed & it appears that certain evidence was not considered that should have been, you may file a Stay of Execution to halt the judge’s order & place it under review with the unconsidered evidence. If you cannot afford to file the court orders, you may file a “Court Fee Waiver” alongside the court order with proof of lock of income (or proof of benefits).
What is an Affidavit?
“A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.”
One cannot arrest a “Police Officer”, for instance. One may instead file an affidavit “for the arrest of [name of person], who is sworn to uphold the position of [position & badge number]…”.
Click here to open up an official “Blank Citizen’s Arrest Form” on USCourts.gov (Official Site of the United States Government)
The affidavit can be filed- along with any evidence (video footage, etc.) at the Sheriff’s Department; ask the clerk to make a stamped, dated copy to keep for your records so that they respond within 30 days. By law, the Sheriff’s Department is required to file it with the Attorney General from there it will be taken to the District Attorney, who then decides whether or not they will “take the case”. If they do not, take it to the next level by going to the Attorney General.
Above scene from The Andy Griffith Show!
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