Published 12:02 am Tuesday, April 11, 2023
Carol asks: My husband and I started discussing citizen arrests in the state of Texas. Neither of us could factually give details about what allows a citizen the power of arrest. Could you please clear up what is a citizen’s arrest and when a citizen can arrest.
Officer Rickey Antoine
Answer: Everybody is fully aware of the power of arrest that is entrusted in police officers in the state of Texas, but the state of Texas also empowers ANY person to arrest WITHOUT a warrant. These arrests by ANY person only pertain to felonies committed in their presence orany crime against public peace. So this tells anyone who may desire to affect a citizen’s arrest that they need to abreast themselves with the felony and misdemeanor offenses in the stateof Texas. A very important element to the power of arrest by citizen is “it MUST be witnessed by the person affecting the citizen’s arrest.” In my opinion,citizen arrestsshould NOT be a practice non peace officers are striving to conduct.
Due tothe unpredictable and violent nature of most felonies and offenses against the public peace, it would probably be in the best interest to be “A GOOD WITNESS” than to actually get involved and attempt to apprehend a suspect. Suspects daily push, assault, hit, run from, cut, stab, shoot, the highest form of law enforcement in our state — uniformed police officers. It doesn’t take a genius to guess what they would do to a citizen who tries to apprehend or stop their escape after committing a felonious crime. Don’t get me wrong, your police department and all of surrounding law enforcement agencies are thrilled that we have brave citizens who would step up to assist. But we would rather you and others be SAFE and give a detailed description of the actor(s)/suspect(s), like clothing, race, sex, vehicle description, direction of travel and what CRIME(S)you observed! Now, if someone should happen to affect a citizen’s arrest, they should attempt to restrain/detain and hold them without using excessive force until police officers arrive.
Darryl asks: As I travel along a shopping center where Walmart, Lowe’s, and Academy is, I’ve noticed several stop signs are not quite legible. I’ve always thought stop signs were supposed to be highly visible. The lettering on the stop sign is hard to make out, so if I don’t stop for the stop sign, can I receive a ticket for that? If a crash occurs, can I be held at fault for NOT stopping for a white stop sign if it’s supposed to be visibly RED?
Answer: I thank you for bringing this stop sign concern in the Lowe’s parking lot area to my attention. It’s my belief, as well, that stop signs are supposed to be RED. You are correct. there are several “stop signs” that used to be red and due to the elements of weather, some my not be legible. A police officer can NOTcite (ticket) you for running a RED stop sign on private property, much less for running a non legible stop sign. A non legible sign is NOT a stop sign. Of course, it has the correct shape but the wrong color, that would be equivalent to having a white stop light.
Here is a list of signage in Texas that we can all benefit from:Warning Signs areYellow and orange, Usually diamonds, pentagons and round signs Indicate unexpected conditions or changesRegulatory Signs areRed, black and white, Usually triangles, octagons and vertical rectangles, Display traffic laws-Signs That Guide areGreen, blue and brown, Usually horizontal rectangles, Provide helpful or interesting information. I will contact management of the propertyand advise themof their need for them to get these signsreplaced before someone walking gets injured or vehiclessustain property damage from a collision. Thanks for being part of the motoring solution in Southeast Texas.
Tina asks: I commute from Lake Charles to Southeast Texas daily, but I’m thinking about relocating to Southeast Texas. What do I need to do to get a Texas Driver’s License? I hope I don’t have to take the driving part over, because I’m so beyond that. Help!
Answer: Welcome to Southeast Texas!We hope you can move here or to any of the surrounding communities., I’ll put your heart at ease and let you know you will NOT have to retake the behind-the-wheel portion to be issued a Texas Driver’s License. If you currently have an unexpired out-of-state license, you will need to go to the Department of Public Safety office and apply for a Texas license. It’s important to remember Texas allows a new out-of-state resident up to 90 days to get a Texas Driver’s License. You will need to bring your proof of residency, social security card, Texas registration for vehicles and proof of insurance. Once you are a Texan, the clock starts ticking and you have 90 days.
Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington & Tejas “Lil Man”Morning Star for Ask A Cop live on KSAP 96.9 FM The Breeze every Tuesday from 1 to 3 p.m. and beyond. Call in questions at 409-982-0247. You can also email questions to rickey.antoine@portarthurtx.gov or leave a voicemail at 409-983-8673. Mail them to Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public, you can always “Ask A Cop!”
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FAQs
Is citizen's arrest legal in the US? ›
Citizen's arrest is an arrest made by a private citizen, in contrast to the typical arrest made by a police officer. Citizen's arrests are lawful in certain limited situations, such as when a private citizen personally witnesses a violent crime and then detains the perpetrator.
What do cops say when they pull you over? ›Usually they will say “Do you know why I pulled you over?” or “Do you know how fast you were going?”.
What happens if someone calls the police on you and you leave? ›Regardless of why you left, officers generally will look for you if they have an idea of where you are and it is close. They will often search the immediate geographic vicinity of a crime scene, as they do not want to leave only to have someone return, and reengage an alleged victim or have evidence destroyed.
When can you perform a citizen's arrest in Texas? ›Answer: Everybody is fully aware of the power of arrest that is entrusted in police officers in the state of Texas, but the state of Texas also empowers ANY person to arrest WITHOUT a warrant. These arrests by ANY person only pertain to felonies committed in their presence or any crime against public peace.
How many US states have citizen's arrest laws? ›It's time to repeal and replace such citizen's arrest laws, which exist in one form or another in some 40 states in the U.S.
When did citizen's arrest start in the US? ›Georgia, where Mr Arbery was killed, first codified its citizen's arrest law in 1863 during the civil war. Some historians argue that officials designed the law to ensure that white supremacy over blacks would be preserved—whether or not slaves were freed.
What does 126 mean for cops? ›| Code | Description |
|---|---|
| 126 | Intercept suspects |
| 127 | Proceed with caution |
| 128 | No siren, no flashing |
| 129 | Request back up |
- 10-0 Use Caution.
- 10-1 Weak Signal.
- 10-2 Good Signal.
- 10-3 Stop Transmitting.
- 10-4 Affirmative.
- 10-5 Relay to/from.
- 10-6 Busy.
- 10-7 Out of Service.
If the police officer pulling you over thinks they are in danger, they may touch the back of the car on the way to the driver's window to make sure the trunk is closed. This may seem strange, but it makes sure no one is hiding in the trunk, as they can pop out. And the tapping is done with this intention.
Can you ignore a cop talking to you? ›You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
Can police ignore your calls? ›
When you call 911 in an emergency, the police don't have to respond to your call. If someone breaks into your house or your partner threatens to hurt you, the police don't have to respond. If you report a neighbor's continual slashing of your tires, the cops can ignore your calls.
Is it a crime to talk back to a police officer? ›It's protected under free speech. A cop can't arrest you for saying it, but they can and have made life miserable for such offenders.
How long can an officer detain you in Texas? ›Once the police have done the preliminary work they need to do to determine whether the potential suspect is involved in a crime, they can't keep the person any longer. There are no definite rules when it comes to how long the police can detain someone.
Can you record police officers in Texas? ›It is important to note that while it is legal to take recordings of police and others in a public place, police officers may ask those who are recording to step away from the scene if they feel that person is interfering with police business. In cases such as these, those recording an interaction must comply.
Can security detain you in Texas? ›The Texas Code allows detainment when a security guard witnesses a felony offense. Guards can also detain suspects if there is probable cause to believe that an offense has been committed.
What state has the most arrest? ›In 2021, the arrest rate in South Dakota was 6557.29 arrests per 100,000 inhabitants, the highest of any state. Kentucky, Tennessee, North Dakota, and Arkansas rounded out the top five states with the highest arrest rates in that year.
Can a police officer arrest a soldier in the US? ›A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
What is the arrest capital of the US? ›Citing an analysis of FBI statistics, the website Fusion says "the Gretna police department made 6,566 adult arrests in 2013, or a little more than one arrest for every three of Gretna's roughly 18,000 residents (although arrest data includes non-residents)."
Does Florida have citizens arrest? ›A private citizen has the authority to arrest a person for a felony under the following circumstances: The felony was committed in the citizen's presence. A felony has been committed, and the citizen has probable cause to believe and does believe that the person to be arrested is guilty of committing it.
Where did citizens arrest come from? ›Citizen's arrest laws are ubiquitous, with old roots
Passed in 1863, when slavery was still considered legal by Southerners despite the Emancipation Proclamation, the law stated that a private person could “arrest an offender if the offense is committed in his presence or within his immediate knowledge.”
How many US arrests are there a year? ›
There were over 4.53 million arrests for all offenses in the United States in 2021.
Can you search people before arresting them? ›They do not need to get a search warrant or consent from the suspect to search. The police also can search the vicinity of the person under arrest for further evidence. A search incident to arrest may even be appropriate if the suspect committed an offense that usually results in a citation rather than a formal arrest.
What is the New York citizen's arrest law? ›The privilege of Citizen's Arrest in New York is granted by statute to "any person," and is a right that a land-owner enjoys in addition to his privilege to use force "in defense of premises." (PL s. 35.10(6)).
Is citizen's arrest legal in Florida? ›A private citizen has the authority to arrest a person for a felony under the following circumstances: The felony was committed in the citizen's presence. A felony has been committed, and the citizen has probable cause to believe and does believe that the person to be arrested is guilty of committing it.
How does a citizen's arrest work New York? ›Citizen's arrest laws allow untrained individuals to apprehend alleged suspects. Existing New York state law allows private individuals to arrest someone without a warrant for any crime, at any time of the day.