Fort Lauderdale Officer Outside Jurisdiction – Citizen’s Arrest Attorney
People often make light of citizen’s arrests, but they are very real and they are more common than many people think. When they occur, they can result in actual criminal charges, which have very serious consequences. If you have been placed under citizen’s arrests and are now facing charges, our Fort Lauderdale officer outside jurisdiction – citizen’s arrest attorney can protect your rights.
What is an Officer Outside Jurisdiction – Citizen’s Arrest?
A citizen’s arrest occurs when an ordinary citizen that is not part of law enforcement detains someone they believe or know has committed a crime, or they ask law enforcement to do so. Under Florida law, a person can lawfully make an arrest if they are a private citizen or a peace officer. However, there is no specific statute in the state that specifically deals with an officer outside jurisdiction, or a citizen’s arrest.
Generally speaking, citizen’s arrests are only appropriate in the case of a felony. For a person to perform a citizen’s arrest, they must have witnessed another person committing a crime, or have reason to believe the person is guilty of a criminal act.
Standard for Officer Outside Jurisdiction – Citizen’s Arrest
One of the best examples of citizen’s arrest in Florida is the case of McAnnis v. State. Under this case law, anyone wishing to make a citizen’s arrest must have a clear intention to do so. They then must actually detain or seize the suspect and tell them of their intention to place them under citizen’s arrest. Lastly, the person placed under the citizen’s arrest must fully understand why the officer outside of jurisdiction is making an arrest.
If, after a citizen’s arrest is made, law enforcement takes custody of the suspect without a warrant, the court will need to determine if the citizen’s arrest was valid. If the court determines the citizen’s arrest was not valid, any evidence obtained after the arrest was made is considered inadmissible and cannot be used against the suspect.
Know Your Rights During an Officer Outside Jurisdiction – Citizen’s Arrest
If someone detains you because they believe you committed a crime, they must tell you what they are making the citizen’s arrest. Under Florida law, a citizen’s arrest is really only applicable for felonies, but there are exceptions. For example, shoplifting is usually considered a misdemeanor in Florida. If a store employee thought you had stolen goods, they can place you under citizen’s arrest, but they must tell you why they are detaining you.
Anyone placing you under citizen’s arrest is also not allowed to use force or harm you while doing so. They must also have substantial evidence to back up their arguments, or the arrest will likely be deemed invalid.
Our Officer Outside Jurisdiction – Citizen’s Arrest Attorney in Fort Lauderdale will Protect Your Rights
A citizen’s arrest can have very harmful consequences. If you believe that you have been improperly detained, our Fort Lauderdale officer outside jurisdiction – citizen’s arrest attorney at Meldon Law can advise on your case. Our skilled attorney will determine if your rights were violated and if so, get unlawful evidence suppressed. Call us today at 800-373-8000 or contact us online to schedule a free consultation.