A citizen’s arrest is a practice in which an ordinary citizen detains someone they suspect has committed a crime, without being an official member of law enforcement. However, carrying out such an arrest comes with certain legal responsibilities and limitations. The use of excessive force or violating the suspect’s civil rights during a citizen’s arrest can lead to legal repercussions for the arresting individual.
Recently, an incident in Pueblo, California has brought citizen’s arrest into the spotlight. In September 2022, a homeless man was detained by an amateur mixed martial artist, Nate Cullison, and his father, Doug Cullison, a volunteer SWAT medic. The two men are under investigation for their roles in the arrest after a video of the incident surfaced.
The video shows Doug approaching the homeless man on a sidewalk and dragging him to the ground. Nate, who is an MMA fighter, then enters the scene and delivers a soccer kick to the back of the homeless man’s head, followed by a series of punches. All of this occurred while Doug was holding the man down.
Reports state that the homeless man is accused of punching a teacher at a nearby Pueblo school, who happens to be Doug’s wife and Nate’s mother. While this incident took place last fall, the video of the incident only recently surfaced on YouTube.
The brutal and excessive force used during the attempted citizen’s arrest is concerning, but it also appears that the Cullisons’ situation did not qualify for such action in the state of Colorado for another reason. According to Colorado law, in order for a citizen’s arrest to be lawful, the arresting individual must witness the crime taking place. In this case, it is unclear whether the Cullisons had witnessed the alleged assault on the teacher before detaining the homeless man.
“It’s really concerning, and it’s concerning because it appears that people are taking the law into their own hands,” Pueblo Defense Attorney Shawn Conti said. “In order for a Colorado citizen’s arrest to be lawful, you have to be in the presence of the person when they’re committing the crime. That means that you have to see the crime. I’m led to believe that someone like that, had he seen the crime, there probably would have not been a crime. They would have stepped in. They would have intervened and stopped it.”
The incident has sparked debate about the appropriate use of citizen’s arrest and the potential dangers of individuals taking the law into their own hands. Defense attorney Shawn Conti has expressed concern that people may be misusing citizen’s arrest, and that this could lead to further incidents of violence and vigilantism.
In conclusion, while citizen’s arrest is a legal practice in many jurisdictions, it is essential to understand the limitations and responsibilities that come with it. The use of excessive force or violating the suspect’s civil rights can lead to legal repercussions for the arresting individual. It is important to use caution and good judgement when considering a citizen’s arrest and to always prioritize the safety of all involved.
