usmarine0352_2005 said:
Citizens Arrests only apply to misdemeanors in most states. So it wouldn't be applicable here.
No actually it is the opposite.
Citizen's arrest applies to serious felonies just about everywhere, but only to misdemeanors in some states.
You just typically see it used in the reverse because trying to arrest violent felons is a lot more dangerous and with typically higher stakes than trying to stop the shop lifter.
Also stopping serious felonies would typically result in facing or needing serious or lethal force escalating legal ramifications, while fewer misdemeanor offenders would escalate to felony actions when confronted.
So more misdemeanors are stopped by citizen's arrest than felonies, but more actually have the right to arrest for felonies than misdemeanors.
Also police officers in some states have a higher legal criteria to arrest for misdemeanor offenses not committed in thier presence, but have a lower threshold for felonies not committed in thier presence. As a result a citizen that did witness a misdemeanor may technically be the one performing the arrest even when it is an officer taking them into custody. So they depend more on citizen's arrest for misdemeanors than felonies.
However as it applies to things like this, the confusion today is the term felony is far more broad than it used to be.
And it covers relatively minor offenses, like just mere possession of various things.
While in the past it was a term used to refer primarily to serious violent offenses, and some of the more serious non violent ones.
As a result now they have started using various distinctions under the law in various places of certain types of felonies and creating various felony categories, because the expansion of what qualifies as a felony makes terms like 'felony' meaningless in determining the seriousness of an offense as it applies to using force.
Which is related to making arrests.
But what the law allows and reality still can clash. Pursuing a suspect if it later results in the need for lethal force is often used against someone to prove they put themselves in the situation and imply the use or need for that force was partially thier own fault. Even if an attempted arrest was entirely legal it will instead be made out as vigilante action. So even though it is the legal right of most to arrest felons, public perception means it may not legally be decided in favor of the person attempting the arrest.
But this is not because of the law, but because of the views of the people that make up the jury, police, investigators, media, etc which will be interpreting and applying the law.
Because under the law you could pursue and arrest felons in most states.
Further many people do not understand citizens arrest, and may not cooperate. They are more likely to resist arrest and use violence towards a regular citizen than towards and officer. Just as many trying to arrest may not understand thier own legal limitations.
So being on either end of a citizen's arrest is generally advised against.