Under the TN. state laws set for "citizen's arrest" is it legal to arrest a police officer seen breaking the law or using excessive force? If so must the crime be a felony or can it be a misdemeanor?
by 
Jsin
ANSWERS: 5
-
It would be best to take a video or pictures(on your cell phone) of the event happening at that time for evidence.Also record the license plate on the car.Keep copies of the video and pictures ,and give the others to the city hall or the county offices.If you try a citizen's arrest during the assault you could be charged with obstruction of the officers duty.
-
The only way to have a police officer arrested is to call his supervisor. You better have a lot of witnesses.
-
I would not apply the citizen arrest law to this situation. write down dates and times. then present the situation to his Chief of Police. this will be investigated and you will have to file a complaint and sign it. Every police department has an internal affairs section. these are officers investigating officers, based on probable cause. If your case is unfounded and you made a citizens arrest, you will be liable if the case is determined to be unfounded. If you believe this has happened, use the proper procedure. if the officer is not found guilty and you have used the citizens arrest law, the officer could lose his job and you could be sued. Understand that i am not protecting anyone. if the officer is guilty and you can prove it, then please proceed. but, only do it with proper procedures. this will protect both you and the officer.
-
While it is probably legal under the Tennessee Statutes pertaining to Citizen's Arrest it would not be a wise thing to do. Calling 911 immediately would be the best. You can then be a witness. You can also state what you are seeing on the 911 tape. As a former law enforcement officer in Tennessee it is my opinion that about 75% of the officers are there to serve, help and protect. The remaining 25% are there because they are thugs and want a legal way to be thugs. You don't want to mess with them without one of 75% of the good with you.
-
Even if you are absolutely certain the officer is breaking the law, do not attempt a "citizen's arrest." You are liable for the arrest and any consequences of it. Besides, he or she is armed and even if he/she does not have the right to use it on you, you can be just as dead as if he/she did have that right. Get witnesses, photos, etc., to back up your allegations, and report the officer to his chief. Be prepared for a very tough time from here on out.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC