"Each state, with the exception of North Carolina
, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police."
http://en.wikipedia.org/wiki/Citizen's_arrest#United_States
laws vary by state..but pretty much, if you actually whiteness a felony being committed, you can legally arrest the suspect.
Yeah, but if he makes that complaint and the DA in your district is anti, then you have to prove you didn't kidnap him. Kidnapping is defined by disallowing a person to leave.
Usually a citizen's arrest requires more than one person. You need witnesses, and the more the better.
State law really plays into this more than anything else. Here in WA, I am allowed to draw my weapon to stop a felony in progress. Our law is pretty simple, and they go by the word of it and not an interpretation of it. I didn't hear about that guy in Seattle, but it seems he didn't do anything wrong. He saw a shooting and acted within the boundaries of our law.
As to cuffing the guy, they called him a "good samaritan" in the article... But they also said that it wasn't advisable and the risk was on him. I feel in more way than one. Because he touched the guy, the guy has grounds for a civil suit. All he needs are pictures of bruises or marks on his wrists, a good lawyer to paint the defendent as a vigilante, and a jury sympathetic to the plantiff. It is also easy for a lawyer to prove that the guy has no training as to how to properly apply handcuffs. In our micromanaged society, having the chips stacked against you is easy peasy in a court.
Some people act when they see another person in distress. I am like that. However, I don't like to touch the other person unless I have to, and I'm not drawing unless the situation is just critical. Now this guy is being hung out to dry over bringing handcuffs to the ATM, but what if the guy had to be restrained and you had nothing else... Wouldn't sitting on him be worse? Also, the guy pulled up the ATM. Some people put hancuffs on their rearview mirrors, although it was more of an 80's thing, perhaps they came from there, perhaps he wasn't carrying them like a wannabe cop. Or maybe they were in the glovebox, maybe he had them as a sex thing. Who knows.
I have intervened in a violent attack in Vancouver BC when I was in the army. Three buddies and I saved this lady's life when she was thrown through a plate glass window and lost a lot of blood. Long story short, I detained him at a bus stop and cornered him, praying he wouldn't attack since he was covered in broken glass and two people's blood. If I had restraints, I wouldn't have used them here. I think they have a limited use for civilians in populated areas.
Personally, I carry 550 cord everywhere. I have a roll of it in my truck. That stuff is HANDY! That and 100mph tape and you can make or fix just about anything. So I can take a piece and tie a prusik cuff real quick if I need it. Shoot, I can tie several in minute or two. No awkward situations explaining why I'm carrying cuffs, no liability for over tightening zip ties or not having the cutter, etc. And it works great for tying down loads and tarps, which I tend to do more than put people under citizen's arrest anyway, which I've only done once and in another country at that!
I think in this situation, making the guy just lay down would be best. Pull the pistol, yell and act like a cop, he won't know the difference if you are aggressive and quick, but rendering aid to the victim seems to be of the utmost importance.
But I see the value in not letting them get away too. The guy that shot one of my army buddies at a bar in Tacoma is still on the loose. Had someone intervened, a CCW, perhaps he wouldn't still be riding the bus next to you or serving pizza to you kids at Chuckie Cheese's.
Hard call here, but I don't think toting handcuffs in a batman belt like you are a cop is a good idea. Having 550 cord or bootlaces or a belt to improvise as restraints in a dire situation is a good idea though. You just don't want to be the only one, you want witnesses and assistants too if possible.
Main reason it is dangerous to cuff someone by yourself is it is easy to be disarmed. Cops might have training, but a bigger part of it is psychological. People are less likely to counterattack and disarm a cop vs. a citizen trying to perform a citizen's arrest by theirself. Doing it alone isn't too smart in most situations.