Use of Force and citizens arrest

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Use of Force and citizens arrest

Post by legalstalker on Fri Sep 02, 2011 5:14 pm

To start a discussion on this topic, i welcome all input, just wanted to put this out there and begin the discussion.
Many people approach this subject, being told one thing or the other, but not knowing what they can and can't do, and can land you in hot water very quickly.
The use of force wheel is a great starting point for many people, however the steps include tools that a person not working in the field simply don't have and can't employ. As well, the police and security industry is trained with repect to that and held at a higher standard due to training compared with a individual with no working experiance.
For use of force, I would simply sujest to any individual a rule of thumb is to only use as much force as necessary to repel the attack, using only one level of force greater then what is applied (plus one). for example, a punch is thrown, you can respond with a harder punch or a kick, not a weapon.
Also remember, an assualt is as simple as a threatening jesture made towards another individual.
Touchining briefly on a citizens arrest and how it pertains to use of force.
In the criminal code, a person can arrest without warrent any person they find commiting an inditable offence, and must deliver that person forthwith to a peace officer. (the difference between inditable or summary conviction is really of no importance, just wording). With respect to force, you can only use as much as necessary to effect the arrest, and hold an individual until police arrive with out causing injury to the other person or yourself. If the situation becomes to dangerous for either, disengadge for safety.
If you feel the need to affect a citizens arrest, you don't need to read them rights to counsel, or provide an exact criminal code crime definition, simply stating "i'm arresting you for theft" for example is good enough, the police nor the courts expect you to know that you are arresting a person for theft over $5,000 or Under $5,000.
If you don't feel comfortable arresting a person, then simply call the police, giving a description of the person, and/or follow at a safe distance. (This is still more then the majority of people will even do)
It is very easy in a stressful situation such as an arrest that excessive force can happen very easily. you can easily cause harm to another person, be concious of positional asphixiation.
This is simply a starter to the conversation, add to it or ask questions for an open debate.
Cheers

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Re: Use of Force and citizens arrest

Post by Wilson on Fri Sep 02, 2011 5:46 pm

Beyond the moral implications and concern for personal safety, here's what the law states:

Arrest without warrant by any person

494. (1) Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence; or

(b) a person who, on reasonable grounds, he believes

(i) has committed a criminal offence, and

(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Arrest by owner, etc., of property

(2) Any one who is

(a) the owner or a person in lawful possession of property, or

(b) a person authorized by the owner or by a person in lawful possession of property,

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

Delivery to peace officer

(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

R.S., c. C-34, s. 449; R.S., c. 2(2nd Supp.), s. 5.

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Re: Use of Force and citizens arrest

Post by legalstalker on Mon Sep 05, 2011 10:33 am

Hey, thanks wilson for adding the CC section in. Sometimes for people its hard to interprit the legaleez jargon that goes into each section.
And again I stress, look at the situation and decide whether you want to get involved.
This is one of my favorite topics to talk about, as I have done so much training in this area, and have well over a 1000 arrests now (all considered citizen arrests) be it at work or out an about and find someone committing.
Again, this is a personal choice, just now its a second thought and I just react. But again, I am held at a different standard in court with this due to my training.
If you can get training in this, its not only informative, but I find it to be extreamly fun. Also allows you to lean new techniques and get a good work out. A great guy for this who does this privately is a vet Hamilton copper named Terry Oliver, still on the job and taught at OPC (Ontario Police College). His company is called close quaters combat solutions. He teaches everything from arrest, to defensive tactics and even knife defense (which is extremely informative). He certainly has a weath of knowledge to get the average person started.
If you like that, then there is way more advanced courses out there, but for basic knowledge and training, I found this to be a great start. I started out with his courses and advanced from there.

Anyother thought on the topic? and questions on each subsection that wilson posted?

-Kevin

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Re: Use of Force and citizens arrest

Post by Wilson on Tue Nov 01, 2011 10:04 pm

I've heard of him! All my training was with Steve Summerville back when I started doing private security. While I'm no longer involved in that industry it was an excellent learning opportunity for me.

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