If so can they use hand cuffs and a fire arm/
The statute of limitations on most felonies is three years. Certain other felonies have no time limit for filing charges. Safer just to report it to the police and let them deal with it rather than risk harm to yourself as well as risk of civil liability for false imprisonment and/or use of excessive force. In some states you run the risk of being charged with the crimes of impersonating an officer, kidnapping, wrongful arrest if the wrong person is apprehended or if you violate a suspect's civil rights.
§16-3-201. Arrest by a private person.
A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
While not stated in the above statute it can be interpreted to mean you can make a citizen's arrest contemporaneous or immediately after witnessing the alleged crime and not years after the fact, when witnesses' memories fade or other witnesses become unavailable.
The MCCLUSKEY LAW OFFICE 303-698-1603 is dedicated to helping individuals accused of crimes. However, the only method of establishing an attorney client relationship with the MCCLUSKEY LAW OFFICE is by signing a fee agreement. A response to your inquiry from the MCCLUSKEY LAW OFFICE does not create an attorney client relationship nor does it bind the MCCLUSKEY LAW OFFICE to represent any person or entity. The MCCLUSKEY LAW OFFICE urges those with inquiries to consult with an attorney in person.
No. If a person has knowledge of a crime, they should report it to the police or the District Attorney's Office. Only the police can make an arrest or press charges. A citizen may, under some circumstances, use reasonable force to stop the commission of a crime or hold the criminal until law enforcement arrives. You can't go around arresting people years later unless you are a police officer.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
As Mr. Harkess stated, you might be able to restrain the individual while another person calls for the police to arrive and arrest the person. However, I would agree that it would not be a smart idea to attempt to subdue the individual with a firearm and use handcuffs. Although individual officers might appreciate the aid, law enforcement agencies and district attorneys offices do not want to set a precedent of allowing individuals to engage in such actions. They might even turn around and charge you with felony menacing (threatening someone with a deadly weapon) and false imprisonment (putting someone in cuffs) if they feel that you acted inappropriately. Unfortunately, Colorado is not much of a Good Samaritan state. Your heart is definitely in the right place.
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