Q: If a citizens arrest was not legally done by the law can you press charges against that person?
A man did a citizens arrest on my daughter for being on his neighbors property. He hollared at her to stop get down on her knees and put her hands in the air or she would get shot. She did. He walked up to her grabbed her wrist and twisted her arm behind her back twisting her around on ground. She looked at him and ask him was he a cop and he said no im making a citizens arrest and you are not getting away with this. Then the police got to them and he told the man to let her go. She was not running or hiding and had no kind of weapon. I thought in texas to make a citizens arrest it had to be a felon or breach of the peace. And he was not working with the police. She was on the property no question bout that but he told her she would be shot first words out of his mouth. He did not state his purpose to her first.
A:
It is not 100% clear from the question that the citizen's arrest was improper in this situation.
Texas Penal Code Sec. 9.51(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.
A: You may file an incident report with the police (if there is not one already), and it will be up to the investigator assigned to the case as to whether criminal charges will be filed.
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