Holding Suspect

[stealthfightrf17]

If you have the opertunity to hold a suspect at gun point or restrain him with something is it leagal to do so until police arrive?

[WildBill]

IANAL. A CHL doesn't give the holder LEO powers. There are too many possible scenarios, so my best answer is "it depends". If the suspect tried to kill you or yours, then you could probably hold him at gunpoint. If not, probably not. YMMV, IANAL, etc.

[Running Arrow Bill]

You are not a LEO. Also, in all probability a citizen is NOT trained in "mechanics of arrest" and could very well end up hurt, dead, or charged with "kidnapping".

Leave it to the LEO. Just be a good witness and exit as fast as you can after calling 911.

JMO

[Beiruty]

If you have the opertunity to hold a suspect at gun point or restrain him with something is it leagal to do so until police arrive?

Do you have fast restraining tools?, any "detaining" experience?

[stealthfightrf17]

If you have the opertunity to hold a suspect at gun point or restrain him with something is it leagal to do so until police arrive?

Do you have fast restraining tools?, any "detaining" experience?

No, I was just watching a docomentry on 9/11 and was wondering as a result of that. Every once in a while, you will hear a report where a civillian does this, just got thinking about it

[recaffeination]

Chapter 9 covers the legal question. It's force.

Other people have already covered the wisdom of it. Personally I'm not a cop and it's not my job to arrest criminals and I'm not trained for it. If a mugger or home invader wants to be arrested instead of shot, he can go rob the police chief.

[WildBill]

If you have the opertunity to hold a suspect at gun point or restrain him with something is it leagal to do so until police arrive?

Do you have fast restraining tools?, any "detaining" experience?

No, I was just watching a docomentry on 9/11 and was wondering as a result of that. Every once in a while, you will hear a report where a civillian does this, just got thinking about it

IMO, after 9/11, if you were on an airplane detaining a suspected terrorist who had tried to hijack the plane you would probably be okay. Pre 9/11 you would probably have been arrested. Obviously if you had a gun on the plane you would be arrested. IANAL

[speedsix]

...it can get real hairy real fast...

http://law.onecle.com/texas/criminal-pr ... 01.00.html" onclick="window.open(this.href);return false;

...tells you about the arrest...but if you think a CHL badge upsets the po-po...try handing him a prisoner when he doesn't agree that you should have arrested him...it can get real bad real quickly...it's also difficult to control a suspect who has little to lose...or is on dope...most would be surprised what it takes...

...I've only done it one time in my life...a young man had been twiddling with a .22 revolver inside his pocket while standing in a restaurant waiting for a "go" order...he fired it...after getting it from him, I seated him by the door and watched him till the police got there...went out and gave them his gun, and pointed him out...that was fine...

[stealthfightrf17]

...it can get real hairy real fast...

http://law.onecle.com/texas/criminal-pr ... 01.00.html" onclick="window.open(this.href);return false;
So there is grounds for it. Seems very vague, bust most law is.

...tells you about the arrest...but if you think a CHL badge upsets the po-po...try handing him a prisoner when he doesn't agree that you should have arrested him...it can get real bad real quickly...it's also difficult to control a suspect who has little to lose...or is on dope...most would be surprised what it takes...
That was something I havent thought of, LO not likeing it

...I've only done it one time in my life...a young man had been twiddling with a .22 revolver inside his pocket while standing in a restaurant waiting for a "go" order...he fired it...after getting it from him, I seated him by the door and watched him till the police got there...went out and gave them his gun, and pointed him out...that was fine...

[srothstein]

The answer takes two parts and you really need to read the second and not stop at the first.

First, the honest and direct answer to your specific question is covered in Article 14.01 of the Code of Criminal Procedure. Every person in the State of Texas has the legal authority to place a person under arrest if they commit a felony or a breach of the peace in the person's presence or view. Article 18.16 of the CCP also gives you the authority to arrest to prevent the consequences of a theft, but more on this in the second half of the answer.

The second half of the question is the advisory on should you arrest or detain, as opposed to can you. In this, I would generally say no. This is the dangerous part of police work, actually arresting the suspect, not stopping them from committing the act. Even with training and equipment, I always wanted a backup on the scene when I was making an arrest. You don't have the training (generally - you can get it) and you also generally don't have the equipment (also correctable if you are determined to). But where do you get your backup? And then, what do you do with the suspect after you catch them?

And one of the most dangerous parts of all this is really brought out by Article 18.16. Are you correct? Do you know the law well enough to be sure that it is a felony? This is really brought out by 18.16 because the authority is to recover the stolen property first and to make the arrest second. It means you cannot arrest unless you are correct and the suspect actually has the stolen property on him when you make the arrest.

The first part of the advisory is the physical danger when you try to make an arrest. It is when you stand the most chance of getting hurt. Cops get killed doing this when the suspect takes their gun, and a CHL making an arrest would be in a very similar situation. It is not just a fistfight because you know there is at least one gun involved in the fight, yours. And the second part of the advisory is the legal danger. You make a mistake and you get sued for it. You also become liable for criminal charges - if you pointed a gun (threatened deadly force) the charge is not just unlawful restraint but kidnapping.

So, I come up with the answer very similar to my teaching my kid's proper grammar. Yes you can, but no you should not.

[speedsix]

...you have a way of taking all the glory out of making a citizen's arrest, doncha know!!! and you didn't even mention all the paperwork...