Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
Kopis, it is indeed true that a citizen can effect an arrest in Florida, but it must contain the following elements:
1) The person making the arrest must reasonably believe a forcible felony (aggravated assault/battery, robbery rape, homicide, or burglary) has just occurred and,
2) The person making the arrest must reasonably believe the person(s) being arrested is/are the one(s) responsible and,
3) The person being arrested appears to be in immediate flight from the scene of the crime (immediately following its occurrence.)
The person making the arrest may use reasonable force to stop the flight of the arrestee, and must inform the arrestee he/she is being arrested. If, in the attempt to stop the arrestee's flight, the person making the arrest becomes in fear of death or serious bodily injury due to the actions of the arrestee, deadly force may be warranted.
Once a citizen's arrest has actually been made, the person making the arrest becomes the "arresting officer" throughout the judicial process.
This is in accordance with the principles of English Common Law; Florida statute addresses it as such:
941.14 Arrest without a warrant.—The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant.
So, no, Foster would not have been in accordance in attempting arrest of Daniels in this case, as he had no reasonable cause to believe that Daniels had just committed a forcible felony.