CCTV footage captured a stunning citizen’s arrest that happened in Australia on May 19. The video footage shows the inside of a jewelry store being reportedly ransacked by a thief before a citizen rushed into the store and tackled him to the ground.
According to reports, 31-year-old Anthony Haby was walking and shopping at Bendigo Marketplace with his partner, Jane Fleming, when they heard screams coming from the Stearns Showcase Jewelers. Then, the couple heard what they believed to be gunshots.
Rather than fleeing, Haby immediately ran into the store and confronted the alleged robber. The suspect can be seen with one of his arms inside the glass display before getting tackled to the ground by Haby. Haby pinned the man down to the ground while Jane helped usher the staff outside of the store to safety. Haby kept the suspect detained until the police arrived a few minutes later.
As police took control of the situation, Haby began comforting staff members who were distraught over the ordeal. According to eyewitnesses, Haby thought the suspect was carrying a gun and had fired off shots, but luckily, the noises he heard were from the suspect smashing a hammer into the displays. Despite thinking his life was at risk, Haby still made the decision to jump into the action and take on the role of hero.
The suspect was taken into police custody and had an initial hearing at Bendigo Magistrates Court. He did not apply for bail and will remain in custody until August.
Facing a Citizen’s Arrest: What Are Your Rights?
While it’s commendable to try to help a fellow human in need, it’s always important to weigh out the risks of getting involved.
Vigilantes who attempt to conduct a citizen’s arrest are putting themselves in an awkward position, since detaining another adult may or may not be legal depending on the circumstances.
Here in New York, for instance, citizen’s arrests are no longer considered legal. In 2023, specific legislation was passed to curb these vigilante-type efforts. In New York State, law enforcement professionals have the exclusive right to detain other adults and make arrests. This law was passed after Ahmaud Arbery was fatally injured during an attempted citizen’s arrest in Georgia. The situation was extremely controversial considering the racial undertones of the whole ordeal and law enforcement’s incentive to side with the vigilantes.
There is one exception to this law. A private person can use physical, but not deadly, force to prevent the escape of someone who just committed a felony in that person’s presence.
Under this law, if a person attempts to make a citizen’s arrest on someone who turns out to be innocent of the perceived charges, then the vigilante can be subject to a lawsuit.
Police officers in New York are also held to a very high standard. They are only authorized to detain or arrest citizens under specific circumstances.
If you believe you’ve been wrongfully detained by a citizen or police officer, then schedule a free case review with our team of defense attorneys to learn more about your rights and options.
