Posts Tagged ‘Citizen’s Arrest’

Service of Citizen’s Arrest

Thursday, January 25th, 2018

Photo: steelturman.typepad.com

I’ve lost count of the times I’ve said out loud, sometimes to no one in particular “I wish I could make a citizen’s arrest!” When I told my husband the subject of this post he suggested I check out just what this would entail, “because,” he added, “everyone uses that expression and they may not know.”

So a quick detour before I share my targets. According to criminal.findlaw.com, in a Breaches of the Peace section: “In general, people can’t use citizen’s arrests for misdemeanors unless the misdemeanor involves a breach of the peace. Even in these circumstances, however, individuals can only make arrests when they have personally witnessed the criminal behavior and the breach has just occurred or there is a strong likelihood that the breach will continue.”

Photo: youtube

In its conclusion: “Every individual is empowered to arrest wrongdoers in certain circumstances, but individuals looking to make a citizens arrest act at their own risk. Not only is the act of apprehending a criminal inherently dangerous, but failure to meet the legal requirements for a citizens arrest could have devastating consequences for the person making the arrest.”

I trust that you don’t take me literally and that you realize I write out of exasperation. It’s helpful to let off steam once in a while in a benign way and not make life miserable for others as some of my fellow citizens are prone to do.

Photo: nyc.streetsblog.org

The most recent affront that awoke the policewoman in me was made by a delivery truck driver for a well known brand who leaned on his horn when there was nothing the vehicles in front of him could do to move out of his way. Nobody was walking in front of him; no car was cutting him off, yet he polluted the air and turned the time we all shared with him on that street into earsplitting misery.

Joining him on my hit list are the

***selfish subway passengers who won’t let me either in or out of a train

***bicyclists who miss me by a hair when they are driving in the wrong direction, zooming past me against the light or whisking past me on the sidewalk

***impatient drivers who ignore oncoming pedestrian traffic and swerve into avenue or street while endangering all those crossing an avenue

***bus drivers who use their airbrakes with abandon even when they know incoming passengers, some frail, aren’t yet holding on or settled in seats. Note: In some busses it’s quite a distance between the MetroCard fare collecting machine and strap or seat.

***drivers who won’t pull over and stop for an ambulance to pass: Don’t they realize their sister, mother, child, spouse or nephew might one day be inside?

An arrest for the following infractions would be too harsh—maybe I’d just give a warning for

***people who bump into me and don’t apologize

***elevator passengers who let the door slam in my face or who don’t offer to hit my floor when my hands are full

Are there infractions or violations to living in crowded places in a civilized way that you would hit with a citizen’s arrest or warning if you could?

Photo: dreamstime.com

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