Civilian tackles bad guy?

[drift_g35]

I dont know if anyone here is a police officer, but yesterday I saw an Englewood Police officer chase a guy, tried to fire his taser but it either didnt fire or hit the guys backpack. A bystander grabbed the guy as he was running and slammed him down on the ground and the officer and the bystander subdued the bad guy with a few kidney punches and knees to the head, until backup arrived...[Kick2]

My question is... Can that bystander get in trouble for helping the officer? He got up real fast and walked away without a statement and im guessing that was because the officer told him to get lost so he didnt have to get involved in anything. Does anyone have any ideas?

Anyone an Englewood Police officer and want to let us all know why he ran?

[OneGuy67]

He can be sued in civil court by the suspect and isn't covered by any immunity. He wouldn't get in trouble for assisting and should have been thanked publicly by the PD.

[Byte Stryke]

well if the officer never got his name, he cannot put it in the police report, it cannot be subpoenaed, no civil case can be filed.

Just Sayin' ;)

[OneGuy67]

well if the officer never got his name, he cannot put it in the police report, it cannot be subpoenaed, no civil case can be filed.

Just Sayin' ;)

You are correct Byte, but I believe he was asking about what could have possibly happened to the good citizen.

[Gunner]

I know that if an officer needs your help and tells you to and you do nothing you can get int some trouble. the bystander shouldhave stopped the man and held him until the police could properly arrest the man assuming the guy was not trained to arrest etc.

[BPTactical]

One Guy - if an officer asks for assistance is a citizen bound to assist?

[Gunner]

Guess I'm not positive on that I had just heard it. Should have specified

[King]

One Guy - if an officer asks for assistance is a citizen bound to assist?

I believe so, although I cant find the statute.

[King]

Here we go
18-1-701.
Execution of public duty. (1) Unless inconsistent
with other provisions of sections 18-1-702 to 18-1-
710, defining justifiable use of physical force, or with some
other provision of law, conduct which would otherwise constitute
an offense is justifiable and not criminal when it is
required or authorized by a provision of law or a judicial
decree binding in Colorado.
(2) A “provision of law” and a “judicial decree” in subsection
(1) of this section mean:
(a) Laws defining duties and functions of public servants;
(b) Laws defining duties of private citizens to assist public
servants in the performance of certain of their functions;

[Teufelhund]

Here we go
18-1-701.
Execution of public duty. (1) Unless inconsistent
with other provisions of sections 18-1-702 to 18-1-
710, defining justifiable use of physical force, or with some
other provision of law, conduct which would otherwise constitute
an offense is justifiable and not criminal when it is
required or authorized by a provision of law or a judicial
decree binding in Colorado.
(2) A “provision of law” and a “judicial decree” in subsection
(1) of this section mean:
(a) Laws defining duties and functions of public servants;
(b) Laws defining duties of private citizens to assist public
servants in the performance of certain of their functions;

If I read that right, it just says you're not committing a criminal act by tackling someone if an officer asked you to do so. It doesn't state one is bound to assist.

I'd also like to know if there is a statute which would require one to assist if asked. I would be surprised if such a law did exist. I'm pretty sure an officer can't make me tackle someone.

[Ashton]

There is no law that states that you must assist a LEO. Fact is you don't have the same level of "protection" as LEO's and assisting in arrest of someone forcefully is a good way to get a (costly) law suit against you. If this cop really did tell the guy to flee the scene then the guy got lucky no name no record.

[Bailey Guns]

One Guy - if an officer asks for assistance is a citizen bound to assist?

No. A request for assistance in making an arrest is not a lawful order...it's simply a request.

ETA: Oopps. Seems there was a change in the statutes in 2012:


16-3-202. Assisting peace officer - arrest - furnishing information - immunity
(1) A peace officer making an arrest may command the assistance of any person who is in the vicinity.
(2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.
(3) A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.
(4) Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.

18-8-107. Refusing to aid a peace officer
A person, eighteen years of age or older, commits a class 1 petty offense when, upon command by a person known to him to be a peace officer, he unreasonably refuses or fails to aid the peace officer in effecting or securing an arrest or preventing the commission by another of any offense.


Although it's an offense I think the key word here would be "unreasonably". I think that would be very difficult to prove Joe Citizen acted "unreasonably" by refusing to aid in an arrest.

[JM Ver. 2.0]

No. A request for assistance in making an arrest is not a lawful order...it's simply a request.
But it would be mighty white of ya to help out... [handbags]

[rockhound]

"citizen's arrest, citizen's arrest"

those of you over 40 will get that, thanks officer Fife

[rondog]

Ok, a question.....say Joe Citizen jumps in and helps Officer Friendly, and gets hurt doing so. Any chance he'll get taken care of properly, or would he be s.o.l. because was "interfering" and "getting in the way" or "obstructing" or some other cover-the-city's-ass bullshit? I'd certainly be willing to help if at all possible, but if it means any injuries I might suffer are "gee, that's too bad", that would affect my enthusiasm somewhat.

[hatidua]

This country is far too litigious for joe citizen to get involved.

[cofi]

This country is far too litigious for joe citizen to get involved.

A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.

that looks to me like you cant be sued.....or am i reading that messed up?

[hatidua]

A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.

that looks to me like you cant be sued.....or am i reading that messed up?

And what's it going to cost me in the run-up to having the frivolous suits dismissed? -I'm happy for those that want to play hero, I'm not in that group.

[Monky]

"citizen's arrest, citizen's arrest"

those of you over 40 will get that, thanks officer Fife

You don't have to be over 40 to have seen that..

[drift_g35]

And what's it going to cost me in the run-up to having the frivolous suits dismissed? -I'm happy for those that want to play hero, I'm not in that group.

I'm thinking this is why the guy just walked off. The LEO didnt want him to have to deal with anything for helping out and said thanks and told him to get lost.