d) In Chapter 3 (p.27) Ayoob notes that you may use lethal force in the course of making a citizen's arrest only (1) under the direction of, and at the express command, of a sworn law enforcement officer or (2) when, in the course of assisting an officer, the citizen is faced with a grave and immediate threat that would justify use of killing force for self defense anyway
While I have great respect for Massad Ayoob, he is not entirely correct on many of his points. He writes from the viewpoint of a New Hampshire cop, and in much of the country things are a bit different. In most states a civilian may use lethal force to effect an arrest for a felony, if the perp resists or attempts to flee. after appropriate warnings. That doesn't mean force sure to kill, but allows for a reasonable risk of death incident to making the arrest custodial. It is a matter of judgment and local police policy, but it does not depend on having a cop present and directing the action. In most cases there will be no cop present. It comes down to whether the risk to the perp is less than the risk of the perp to the public if he escapes arrest.
All uses of force are subject to scrutiny. In the end it comes down to having a defense against a charge of excessive force. There is, of course, the unfortunate reality that law enforcement officers comprise a tribe that protects its own and not the public if that public tries to do the job they think is theirs exclusively. This gives them a decided advantage if the facts are disputed. The best solution is to wear a spycam and get it all on tape. The grand jury, and perhaps the jury, will decide. Don't lose custody of the original copy of the tape.
As an aside, California Highway Patrol (CHP) officers carry forms for civilians to fill out as the arrestor, and they are instructed to report themselves as only the first officer to take custody, because of the high chance that it will be a civilian arrest.
In Texas when I was growing up most arrests in rural areas and small towns were made by civilians. That is still true in many rural areas, although the civilians often don't get credit for making an arrest, since promotion goes to officers with high arrest records, not high taking custody records.
--Jon
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