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Reply #243: I just read the statutes [View All]

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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-05 09:30 AM
Response to Reply #233
243. I just read the statutes
Edited on Mon May-16-05 09:44 AM by LostinVA
And double checked some lawyer commentary to make sure I was right! You can only legally detain someone (make a citizen's arrest) IF a law enforcement officer requests you to do so (15A-405) and if it meets the criteria in 15A-404.

edited to include Virginia law: There is no VA statute that allows citizen's arrest, although VA courts recognize that right from English Common Law. However, strict parameters have to be observed, and someone can only be detained if a felony has been committed. I just called the bookstore I was working at, because they said we would be fired if we detained someone, and likely sued and/or arrested. I'm not trying to argue, I was just wanting to make sure I hadn't been lied to all of these years. He told me stealing a few books would not be a felony, and that VA courts have not upheld citizen's arrests where they deem too much force has been used to detain someone.
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