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Thread: Citizen's Arrest

  1. #11
    Quote Originally Posted by 50SR9 View Post
    I am not advocating or suggesting to go play cop. What if you walk up on a situation that a person is being beaten, raped, or similarly being attacked. This goes back a bit to the "sheepdog". I believe that we as legally armed citizens should do what we can to help others in those situations. Go hunting for those situations?? Oh hellllllllllllllllllllllllll no! The last thing I want to do is shoot someone, but there is no doubt in my mind that in the situation necessary, that I would. The question was meant to find out if anyone has any information on a citizens arrest in such situations. The LEO's of this country need all the help they can get, they are far outnumbered.
    Saving someones life and citizens arrest are two totally different things.
    Ed
    "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants." Thomas Jefferson 3rd president of US (1743 - 1826)

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  3. #12
    If you do not carry out the citizen’s arrest properly, you might be liable for false imprisonment, battery, assault, or other damages you cause in carrying out the arrest.

    There is generally no defense of a good-faith mistake for private citizens. When a private citizen makes a mistake about whether a crime has been committed, or whether the crime is one for which a citizen’s arrest is permitted, or tries to arrest the wrong person, the private citizen bears the consequences.



    Citizen's Arrest : Legal Lad :: Quick and Dirty Tips ™
    Ed
    "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants." Thomas Jefferson 3rd president of US (1743 - 1826)

  4. #13
    Join Date
    Mar 2011
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    Rocky River, Ohio
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    I'm not a cop.
    I don't want to be a cop.
    I have ZERO desire to "arrest" anyone.

    My goal is to protect myself and anyone to whom I feel an obligation to protect, not personally enforce the law. Other than defending myself or another, I have no plans to use deadly force.

    If I have to defend myself with a firearm and my assailant isn't incapacitated, the LAST thing on earth I want is him hanging around. Let the police deal with him. It's what they actually get paid to do.

  5. #14
    Join Date
    Jul 2009
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    South Carolina/Charleston
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    He nogods and dianabill: I did not say that IMO the SC code is something that I would embrace, but this has happened several times in SC and there has never been a prosecution. I believe the law dates way back--why?--wish I knew (could be a civil war/slavery thing or KKK thing or even going back to revolutionary times) but I can tell you there have been cases in SC where individuals have been caught going thru someone's truck, caught doing it, not obeying a citizen, and being shot with no prosecution. Do not know if any have led to death; I am aware of gunshot injuries.

  6. Quote Originally Posted by Deanimator View Post
    I'm not a cop.
    I don't want to be a cop.
    I have ZERO desire to "arrest" anyone.

    My goal is to protect myself and anyone to whom I feel an obligation to protect, not personally enforce the law. Other than defending myself or another, I have no plans to use deadly force.

    If I have to defend myself with a firearm and my assailant isn't incapacitated, the LAST thing on earth I want is him hanging around. Let the police deal with him. It's what they actually get paid to do.
    What he said.

  7. #16
    Join Date
    Jul 2009
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    Hey jtg and deanimator: IMO, either in my home where I have Castle Doctrine on my side to use letal force or elsewhere, where citizens arrest is possible (at night I can use lethal force in SC), protecting "stuff" is not worth my risk of either running into someone who is a lot better at this gun stuff than me (man must know his limitations--mine is not with a firearm) or,as stated in many replies, legal ramifications that cost me my retirement funds. I insure my stuff and it is not worth my life or my fortune. In my home I lock my bedroom door, I call 911, I activate my car alarm and I position myself in my bedroom with a 12g but I do not go out of the room to affect a citizens arrest, or to protect my stuff and do battle over it, and maybe get killed in the process. If someone tries to defeat the bedroom door lock and manages entry, the presumption of imminent death or great bodily injury is there and whoever it is will not leave my bedroom.

  8. #17
    Join Date
    Aug 2009
    Location
    washington state
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    817
    Acting to protect myself or others is one thing, carrying out an arrest is drastically different. I understand in some states it is legal, but there is conditions and restrictions. In other states it may not be legal. Even if it is legal where you live I would not take the chance. The threat of a lawsuit would be hanging over your head like a sharp sword ready to drop. I do NOT wish to contribute to a lawyer's retirement fund. Law enforcement agencies have insurance to cover themselves, most of us do not. And IF you are holding a person at gunpoint when the police arrive it might be the end of your life. Be a good witness and call 911. Police are paid to carry out arrests and I am not.

  9. #18
    Join Date
    Sep 2007
    Location
    Parsons, TN
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    272
    Although rarely called a "Citizens Arrest" anytime someone holds the BG at the scene until the police arrive, that is a citizens arrest.

    Like some stories you read when the thug snatches granny's purse and someone chases him down and holds on to him.

    But I know scenarios like that isn't what comes to mind most of the time.
    “Because when seconds count, the police are only minutes away”

    Posting in …….
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  10. #19
    Not to make light of the subject, but I couldn't help remembering Gomer Pyle:

  11. #20
    Join Date
    Jul 2009
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    South Carolina/Charleston
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    The last "case" in SC involved a man who saw someone, at night, looking into the bed of his truck and tried to confront him. The perp got in his car and began driving away and the man unloaded his firearm at the fleeing car and ended up grazing him on his head. When the perp went to the hospital he was arrested and charged with the attempted theft. No prosecution on the man with the gun. Prosecutor cited the law, as I have quoted previously. In SC, right or wrong, whether you agree of disagree, the bad guys have a really tough time.

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