 Mystery: March 11, 2015 Issue [#6874] |
  Mystery
This week: Citizen's Arrest Edited by: Jeff  
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"The possession of knowledge does not kill the sense
of wonder and mystery. There is always more mystery."
-- Anaïs Nin
Mystery Trivia of the Week: Tess Gerritsen, author of several romantic suspense and medical thrillers (including the popular Rizzoli & Isles franchise), is also a former retired physician. She recently made news for her lawsuit against New Line Cinema and Warner Bros., accusing them of breach of contract based on similarities between Gravity, the book she sold to them, and Alfonso Cuaron's movie of the same name that the studio claims is Cuaron's own original work.
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CITIZEN'S ARREST
Most of us have heard the term "citizen's arrest," and some of us have maybe even seen the technique employed, either in real life or in fiction. The basic concept is that non-law enforcement personnel are - in some situations - allowed to arrest someone who is breaking the law. But in what circumstances can I, as a private citizen, arrest someone? Can I arrest my neighbor for uprooting my vegetable garden? What about my office nemesis when I catch him stealing pens from the supply room?
Generally speaking (and laws vary from location to location), citizen's arrest is permissible in the following three circumstances... which, full disclosure, are taken from the California penal code:
1. For a public offense committed or attempted in the citizen's presence.
2. When the person being arrested has committed a felony (either in or out of citizen's presence).
3. When a felony has been committed and the citizen has reasonable cause for believing the person being arrested committed the felony.
Note that unless the crime is a "public offense" (defined as disturbing the peace), the enacting a citizen's arrest must generally be for a felony criminal act, not a misdemeanor. Sorry, but you can't place your coworker under citizen's arrest for stealing a box of pens.  Some states have what's called a "shopkeeper's privilege" which allows merchants to detain suspected shoplifters for a reasonable period of time in an effort to recover property and make an arrest, but it's important to note that there's generally no provision for "investigative detention" by private citizens. Holding someone until the authorities arrive is technically a form of arrest. When the police arrive and take the perpetrator into custody, they are accepting and processing the prisoner on behalf of the private person who arrested them. Breaches of the peace can involve a variety of infractions, both major and minor, including but not limited to everything from prostitution to illegal gambling to automotive seat belt violations.
One of the most important elements of a citizen's arrest to be aware of before you go around taking the law into your own hands is that private citizens - while sometimes granted immunity from prosecution or liability - are not normally immune from those penalties. Law enforcement officers are allowed to detain people for "reasonable suspicion" and are generally entitled to "mistake of fact" in most cases (where there's no penalty for arresting or detaining the wrong person). It's what allows them to bring people in for questioning or conduct an investigation without getting sued by everyone who was embarrassed at being hauled downtown or asked uncomfortable questions in an interrogation room. Private citizens don't have the same immunity; if you enact a citizen's arrest and it turns out you've got the wrong person, in most cases that person can hold you liable for damages. So if you enact a citizen's arrest on your neighbor who uprooted your vegetable garden and later find out that destroying your property is classified as a misdemeanor, your neighbor can hold you liable for your actions.
Private citizen liability becomes incredibly important when using force. Citizens are authorized to use non-deadly force if there's a belief that it's necessary to detain an individual or prevent them from engaging in further criminal activity. But since a private citizen is not entitled to the same protections as law enforcement, they could be liable for any use of force they employ, including criminal charges against the arresting citizen for assault, battery, etc.
In a way, it's kind of sad that so many restrictions are placed upon citizens trying to do the right thing. I can imagine a situation where someone who's able to safely help prevent the commission of a crime might stand by passively for fear of legal action by the perpetrator. But I can also imagine a situation where, if these limitations weren't in place, citizens would be arresting each other for all kinds of things... that driver who cut you off in traffic, the restaurant cashier who shorted your change, that pesky neighbor who destroyed your vegetables...
I'm not sure where the right place to draw a line is, or even if we've drawn it in the right place. But it's important to know (for both your mystery fiction and for real life situations), when it is and is not generally appropriate to place someone under citizen's arrest. If the topic interests you and/or you think you might find yourself in a situation that calls for it, I encourage you to check with your local law enforcement authority and determine what specific statutes cover citizen's arrest in your area.
Until next time,
Jeff
If you're interested in checking out my work:
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I encourage you to check out the following mystery items:
EXCERPT: It started out like any other fall night, nothing special, just another Thursday night. The starter on my old Pontiac was on the fritz, so I caught a ride to the Wayside Inn. It was on the other side of town, but Thursday is Ladies Night, so I felt compelled to make an appearance.
EXCERPT: As I’ve gotten older, I think I know my sister less and less, even though we grew up mostly together. I wonder if I ever really knew her. I think it’s because as our understanding deepens, so do our perceptions about the mysteries of the human soul. The mysteries are always two steps ahead of our understanding, and so they deepen.
EXCERPT: Sabrina walked down the hall next to Sylvie as though she were wearing a ball gown instead of her school uniform, which was uglier than sin. Most of the students, she passed, she ignored. Their social standing was next to nothing. She noticed Mr. Roberts standing outside of his American History classroom and perked up right away. He was tall and handsome, and from the Mercedes he drove, she surmised he was rich; the only thing she couldn’t comprehend was why he would be teaching instead of traveling the world.
EXCERPT: Fifteen miles from Atlanta, Georgia in the sweeping rural plains full of farmlands and trees in the distance, two figures stood on opposite sides from one another with stern, venomous stares from each man's eyes. The grass swayed heavily from an unknown presence while the man garbed in a black sweatshirt and tattered blue jeans backed away carefully. He knew the other man, a long brown haired man who dawned a scruffy, thick beard and was surprisingly well dressed in a beige dress shirt along with a black skinny tie. They exchanged words while their guards were up in full force, awaiting the latter to make a move.
EXCERPT: "Thank y'all for coming," bellowed the jolly voice of Rufus Talbot-former Savannah-Chatham Metropolitan Police Department Investigative Division Commander. Dressed in a red, Christmas holiday sweater vest with Santa's all over it, Rufus greeted friends and colleagues of his late son, NCIS Special Agent Dumont Talbot. "Gerald, I am deeply honored you, Grace, Jennifer and your grandchildren came to visit. Also welcome to those agents from Jason Vaughn's office in Texas as well as old friends from Jennifer's SIU days."
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Feedback from my last newsletter about thrillers and suspense:
Quick-Quill  writes: "I'm in agreement. There is mystery and suspense but Thrillers are written by Vince Flynn, Brad Thor, Tom Clancy and those of that ilk. I find it hard to classify my book. Its about a terrorist plot and all that happens to find the bombers to stop them. Its a suspense Thriller. You are right where will it be next on the shelf? Unfortunately my name is far from the above listed (closer to Thor) so it has to be a killer cover and name...."
I actually love cross-genre stuff myself, so I empathize with your plight. Hopefully your will sell well enough that the specific bookstore location will be irrelevant because they'll be all stacked up nice and pretty on the first table customers see when they walk in the door! 
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