still looking for more info on michigan citizen arrest, which i thought was not allowed but i guess still is
http://courts.michigan.gov/mcji/intentional-torts/intentional-torts-Ch116.htm#ji11606M Civ JI 116.06 False Arrest—Defense— Right of Private Citizen to Arrest
An arrest is lawful if it is made by a private citizen in any one of the following circumstances:
for a felony committed in [his / her] presence
when the person to be arrested had committed a felony although not in the presence of the citizen
*(when [he / she] is summoned by a peace officer to assist said officer in making an arrest)
†(The elements of the crime of [Specify felony.] are [State elements of the felony.].)
Note on Use
*Delete subparagraph c if not an issue.
†If defendant relies wholly on subparagraph c, the last paragraph of this instruction should not be given.
If defendant is a private security guard, see MCL 338.1080.
Comment
Subsections a through c of this instruction state substantially, in the language of the statute, three of four circumstances in which a private citizen has a right to arrest. MCL 764.16. See also Bright v Littlefield, ___ Mich ___; 641 NW2d 587 (2002); Freeman v Meijer, Inc, 95 Mich App 475; 291 NW2d 87 (1980); Nash v Sears Roebuck & Co, 12 Mich App 553; 163 NW2d 471 (1968); Maliniemi v Gronlund, 92 Mich 222; 52 NW 627 (1892). For rights of a merchant, agent, or employee of a merchant, or independent contractor providing security for a merchant, to make an arrest, see MCL 764.16(d).
History
M Civ JI 116.06 was added September 1982. TOP
M Civ JI 116.07 False Arrest—Arrest with Warrant
An arrest is lawful if defendant made such arrest pursuant to a warrant naming [name of plaintiff], and did not act in bad faith.
Comment
An arrest made pursuant to a warrant which is valid on its face is a lawful arrest. See Gooch v Wachowiak, 352 Mich 347; 89 NW2d 496 (1958); Tryon v Pingree, 112 Mich 338, 345; 70 NW 905, 907 (1897); Barker v Anderson, 81 Mich 508; 45 NW 1108 (1890).
History
M Civ JI 116.07 was added September 1982. TOP
M Civ JI 116.20 False Arrest—Burden of Proof
Plaintiff has the burden of proof on each of the following:
that [he / she] was arrested by defendant
that [he / she] was aware of the arrest and it was against [his / her] will
that defendant intended to arrest the plaintiff
that such arrest was unlawful
If you find that plaintiff has proved each of the elements that I have explained to you, and the defendant has failed to prove the defense of [Describe defense.], your verdict will be for the plaintiff.
If you find that the plaintiff has failed to prove any one of the elements, or if you find that the defendant has proved the defense of [Describe defense.], your verdict will be for the defendant.
History
M Civ JI 116.20 was added September 1982. TOP
M Civ JI 116.21 False Imprisonment— Burden of Proof
Plaintiff has the burden of proof on each of the following:
that [he / she] was imprisoned; that is, [he / she] was restrained, detained or confined by defendant and thereby deprived of [his / her] personal liberty or freedom of movement
that such imprisonment was against [his / her] will
that defendant accomplished the imprisonment by actual physical force or by an express or implied threat of force
that defendant intended to deprive plaintiff of [his / her] personal liberty or freedom of movement
that such imprisonment was unlawful
If you find that plaintiff has proved each of the elements that I have explained to you, and the defendant has failed to prove the defense of [Describe defense.], your verdict will be for the plaintiff.
If you find that the plaintiff has failed to prove any one of the elements, or if you find that the defendant has proved the defense of [Describe defense.], your verdict will be for the defendant.
History
M Civ JI 116.21 was added September 1982. TOP
