CRIMINAL CODE | SECT. XI - ARREST & DETAINMENT

[SASA]

SAN ANDREAS CRIMINAL CODE

ARREST & DETAINMENT

 

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TITLE XI - CITIZEN ARRESTS & GENERAL DETAINMENT

1101. Citizen's Arrest
A private citizen may arrest another individual if they witness the individual committing a felony or a breach of the peace. The arresting citizen must immediately hand over the detained individual to law enforcement.

• Procedure:
  1. The citizen must witness the felony or breach of peace in progress.
  2. The citizen must use only reasonable force necessary to detain the suspect.
  3. The detained individual must be handed over to law enforcement without delay.

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1102. Detainment by Security Personnel
Security personnel employed by private or public entities may detain individuals on the property they are hired to protect if they witness criminal activity or behavior that poses a threat to safety. The detained individual must be handed over to law enforcement as soon as possible.

• Procedure:
  1. Security personnel must witness the criminal activity or threat.
  2. Only reasonable force may be used to detain the individual.
  3. The detained individual must be handed over to law enforcement without delay.

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1103. General Rules for Detainment
Any individual detained by a private citizen, security personnel, or other non-law enforcement must be informed of the reason for their detention and their right to remain silent and seek legal representation.

• Procedure:
  1. The detained individual must be informed of the reason for their detention.
  2. The detained individual must be informed of their right to remain silent and to seek legal representation.
  3. The individual detaining them must contact law enforcement immediately.

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1104. Use of Force During Citizen's Arrest
A private citizen may only use the amount of force necessary to prevent the escape of the person being arrested or to protect themselves or others from harm.

• Procedure:
  1. Force used must be proportional to the threat posed by the suspect.
  2. Lethal force may only be used if there is an imminent threat to life.
  3. The use of excessive force may result in criminal charges against the arresting citizen.

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1105. Legal Liability in Citizen's Arrest
A citizen making an arrest may be held legally liable for any harm caused to the person being arrested if the arrest is deemed unlawful or if excessive force is used.

• Procedure:
  1. Citizens must ensure they have legal grounds for making an arrest.
  2. Citizens should avoid using unnecessary or excessive force.
  3. Legal consequences may include criminal charges or civil lawsuits.

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1106. False Arrest by a Citizen
If a citizen arrests someone without proper legal justification or detains them unlawfully, they may face charges for false imprisonment or other related offenses.

• Procedure:
  1. The arrest must be based on a witnessed crime.
  2. Unlawful detainment may result in charges of false imprisonment.
  3. Victims of false arrest may seek civil damages.

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1107. Detainment for Mental Health Reasons
Private citizens may detain an individual if they have reasonable grounds to believe the individual is a danger to themselves or others due to a mental health crisis. Law enforcement or mental health professionals must be contacted immediately.

• Procedure:
  1. The individual must display behavior that poses an immediate danger to themselves or others.
  2. Detainment must be for the purpose of protecting the individual or others.
  3. Law enforcement or mental health professionals must be contacted without delay.

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1108. Release of Detained Individuals
If law enforcement does not take custody of a detained individual within a reasonable time, the individual must be released unless there is a continued threat to public safety.

• Procedure:
  1. Law enforcement must be contacted as soon as possible after detainment.
  2. If law enforcement does not arrive within a reasonable time, the individual should be released.
  3. Continued detainment without law enforcement involvement may result in legal liability.