Legal Question in Criminal Law in New York
Can a citizen perform a Citizens Arrest if the one engaged in the fellony is a Police Officer
Asked on 9/24/10, 6:26 am
2 Answers from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
Yes, that being said, you may want to bring something like this to the internal affairs of the police department that the officer works for. Attempting to make a citizen's arrest on a police officer could back fire on you. It is the police that will take in any initial report for a citizen's arrest and they will be the investigative body as well. Take your information and evidence to both the internal affairs unit and the District Attorney's office (copies to both) and let them take care of it. You don't want retaliation toward you and your family.
Answered on 9/29/10, 7:15 am