The linked article has the same image with this caption:
The farmer reportedly hog-tied the two ‘terrified’ males to the bike (Image: Facebook)
And later says:
When they returned the next day to retrieve the bike, the farmer, who was riding his quad bike at the time, tackled them to the floor and bound their hands, reports The Sun. Pictures shared widely on social media showed two hooded males unsecured but face down on the front and rear of the stationary vehicle.
I’m not checking whether The Sun has any source for the photo because it’s The Sun.
I don’t know what the situation is in the US but in the UK it is one of those things that “everyone knows” which everyone is mostly wrong about.
It is a thing but actually doing it without tipping over into false imprisonment is so difficult that the best advice is " If you’re thinking about whether to perform a citizen’s arrest, don’t".
Generally speaking, anyone talking about performing a citizen’s arrest is a good sign that they are an arsehole with authoritarian fantasies.
In this case he apparently secured the trespassers, phoned the police to tell them he’d done so (which might just about have been legally ok) - and then decided to take them to the police station himself.
Most trespass is not an indictable offence, criminal damage* is. With agricultural crime being what it is at the moment the actual arrest (even with tying up suspects if one feared for personal safety) is likely to be a fine split on whether the farmer would be charged and convicted. More likely is a charge relating to the unsafe transport of the prisoners.
*riding an electric bike might cause criminal damage to arable land, if there was livestock then that gets more complicated.
Absolutely. You could probably argue that Shopkeeper’s Privilege, which allows stores to detain suspected shoplifters until the police arrive, is a form of citizen’s arrest, though. That would be the most common legitimate use of it, if you consider that to be a type of citizen’s arrest.
Sure, I’m certainly not aware of any other basis for it - but then it’s not my field.
Same principle still stands though. Better to let the pilferer go than get into the hassle of tussling with them.
Which is another reason why most places (in the UK at least) will ask the suspected shoplifter to remain until the police arrives (in a way that gives the strong impression that they don’t have a choice) rather than physically restraining them and also why the police themselves often won’t actually arrest someone unless they feel they have to.
It’s so much easier just to ask people to do stuff and let them assume they have to comply.
Obviously over there in Gunland your risk assessment is different but in Britain or Ireland mall cop can go fuck himself. Only reason to stay, while making a fuss and recording, is you want to sue them for actual real money afterwards.
I have no idea about the UK, but there is criminal trespass in the US. If you’ve been warned not to enter a property, including by signage, but you do anyway, that typically is a crime for which you can be arrested here. It depends on the jurisdiction, but that’s true in most of the US. Same if you have been asked to leave a property and you refuse.
I wouldn’t advise that in the US, and not because the security guards are armed. Again, if they reasonably suspect you of shoplifting, they have a legal right to detain you. They can’t use an unreasonable amount of force to do that, but they can block the exit, for example, and if you try to use force to escape, they can then use force to prevent your escape. It would be a needless escalation that could land you charges of assault even if it turns out you didn’t shoplift (as long as their belief that you did was reasonable, which is a really low bar). By all means, though, pull out your phone and record.
Criminal trespass in the UK is committing an actual crime, trespass ain’t one. Just not a crime in the first place, not just not an indictable one as suggested above.
Obviously if it’s in Britain and they are trespassing for the purpose of climate protesting then you can fire them into the dungeons, but the fash can fash away all they like as long as they don’t actually throw petrol bombs at coppers.
