Citizen's arrest in West Jordan lands 2 men in jail

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  • NMS Sandy, UT
    Aug. 7, 2015 5:35 p.m.

    You only have to WITNESS the offense if it is a misdemeanor. If the offence was a felony (as child sexual abuse is), then you have the authority to arrest the person when you have reasonable suspicion that they committed the felony, even if you did not witness the crime.

    As for the comments that you could get sued for arresting someone whom is later acquitted, or whom you injured. the answer is Yes and No. If you or a police office used UNREASONABLE force to arrest someone and hurt that person unnecessarily, then Yes, you could be sued; otherwise you could defend your actions.
    If you did NOT have a REASON to believe the person actually committed a crime, then Yes, you (or any police officer) could be sued and may loose for arresting someone whom you actually had no reason to believe committed a crime. ON the other hand, if you had reason to believe the person committed a crime, you have the authority to arrest that person, and if they are later found not guilty, they can't sue you because you did nothing wrong.

  • NMS Sandy, UT
    Aug. 7, 2015 5:34 p.m.

    The relevant Utah statute is: U.C.A. ยง 77-7-3: "Arrest by Private Persons":

    "A private person may arrest another: (1) For a public offense committed or attempted in his presence; or (2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it."

  • Johnson72 Salt Lake City, UT
    Sept. 9, 2011 12:32 p.m.

    I am a concealed firearms permit holder... so does this mean the next time I see a driver not come to complete stop a red light, I can follow him and place him under citizens arrest? Oh wait has this not been in Orem/Provo lately?

  • Let's be real Salt Lake City, UT
    Sept. 9, 2011 12:21 p.m.

    I hope that the DA's office has more sense than some of the readers of this article. If you detain a person and wound them you can be sued. If you detain a person and it is found out that the person is not found guilty can you then be sued? It seems to me that I may be able to put a zip tie of bin Laden then plead with him to stay there until the police come and figure out if he is a criminal? Maybe its a bin Laden look alike and I get sued. Police cannot be everywhere at all times. They have to rely on the community to not only try to police themselves but to also participate in assisting them. But you better do it the right way, "cross all the T's and dot all the I's." Not that they do it themselves but are probably better at covering. Like I said, I hope the DA's office sees through this one.

  • RanchHand Huntsville, UT
    Sept. 9, 2011 10:37 a.m.

    Why didn't the woman report to the police that her children had been molested? That would have been my very first inclination if they were my kids.

    Why did she involve a 3rd party instead of the police? Does she have something to hide?

    Finally, everybody is assuming immediately that the alleged molester is guilty and that mom and friend are the victims here.

    Child molesters deserve to be arrested and imprisoned; they're the bottom of the barrel.

    I think it quite appropriate that the vigilante be charged in this case.

  • Pagan Salt Lake City, UT
    Sept. 9, 2011 8:48 a.m.

    'Wow, this may be the first time in the history of the world where the kidnapper drove his victim directly to the police station. That was so helpful in solving this crime of aggravated kidnapping.' - Sarah B | 8:33 a.m. Sept. 9, 2011

    That's all good sentiment, however, how would you feel if it was...

    your child?

  • Sarah B SLC, UT
    Sept. 9, 2011 8:33 a.m.

    Wow, this may be the first time in the history of the world where the kidnapper drove his victim directly to the police station. That was so helpful in solving this crime of aggravated kidnapping.

  • DN Subscriber Cottonwood Heights, UT
    Sept. 8, 2011 10:54 p.m.

    It is crystal clear that there is one serious criminal in this story and one guy who was trying to do the right thing, but did not quite get it done the right way.

    Let's see if the County DA will exercise some prosecutorial discretion and tell the citizen's arrest guy not to do it again, and drop it there.

    And, let's see the County DA bring down every ounce of prosecutorial effort his office can muster on the alleged child molester.

    There is following procedure, and there is justice and this is a time when justice will be served if procedure is ignored.

    And then, let's give a parade to honor the citizen's arrest guy for taking an alleged molestor off the streets, and for refraining from conducting any vigilante justice of his own on him.

  • dave31 Salt Lake City, UT
    Sept. 8, 2011 4:36 p.m.

    Sure! Adams did not comply fully with the law, but sometimes the police in tense situations also fail to cross all the "T's" and dot all the "I's," but we still have to allow for a little such "slippage," particlularly when someone was not injured thereby. Hopefully our "system of justice" which sometimes reminds me more of a "crapshoot" than a system, can exercise a bit of judgement in this case. Hopefully the system can recognize who was "mostly in the right" and who was "mostly in the wrong."

  • George Bronx, NY
    Sept. 8, 2011 1:43 p.m.

    @let be real
    Do you realize the potential problems with allowing someone to tie another person up and drive away with them in the name of a citizens arrest? do you r realize the potential risk for both the persona attempting the arrest and the person being arrested? How hard is it in the day of cell phones to call the police?

  • DeltaFoxtrot West Valley, UT
    Sept. 8, 2011 1:39 p.m.

    @Let's be real: It's not that you couldn't arrest the hypothecical bin Laden. It's that you can't toss him in the back of your car and take him somewhere. That's called kidnapping.

    There is a procedure for performing a proper citizen's arrest. You hold the suspect and wait for police to come to you, they'll sort everything out and take the suspect downtown if action is warranted.

  • Let's be real Salt Lake City, UT
    Sept. 8, 2011 1:11 p.m.

    Kind of a weird story. So the police is saying that if I found let's say Osama bin Laden (yes I know he is dead). I could not arrest him because I did not really see him commit a crime. I would have to go to my nearest phone and call the police. Meanwhile, perhaps letting him get away, possibly commit another crime etc. But no, the guy is taken to the police headquarters then arrested himself for kidnapping. Police: do you realize the many things that you, by this action, are saying to the communities you serve? Do you realize the many things you, you by this action, are saying to us that pay you to make such decisions? This is messed up!