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Thread: Citizen's Arrest

  1. #21
    The guy attempted to kill a person because he was looking into the bed of his truck?

  2.   
  3. #22
    Wow - stay away from SC at night!!! Yeah, maybe the perps have a hard time, but that's a crazy law IMHO

  4. Quote Originally Posted by diannabill View Post
    Wow - stay away from SC at night!!! Yeah, maybe the perps have a hard time, but that's a crazy law IMHO
    Texas has basically the same law. I have no problems with such laws.

    PENAL CODE**CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

    Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

    (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

    (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

    (2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


    Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

    (1) if he would be justified in using force against the other under Section 9.41; and

    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

    (3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means; or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


    Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

    (1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

    (2) the actor reasonably believes that:

    (A) the third person has requested his protection of the land or property;

    (B) he has a legal duty to protect the third person's land or property; or

    (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #24

    Amen!

    Quote Originally Posted by 50SR9 View Post
    I think the first step you take, if possible....Dial 911.
    Amen! Best advice yet...
    Daily carry: Sig P239 or S&W 3913
    High Noon Horsehide holster
    Black Talon ammo

  6. When seconds count, the police are only minutes away.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  7. #26
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    Quote Originally Posted by kelcarry View Post
    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.
    That is why this law strikes me a bit more as a Defense of Property law than Citizens Arrest, even though it mentions arrest.
    “Because when seconds count, the police are only minutes away”

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  8. #27
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    Quote Originally Posted by NavyLT View Post
    Texas has basically the same law. I have no problems with such laws.

    PENAL CODE**CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
    +1000
    “Because when seconds count, the police are only minutes away”

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  9. #28
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    Hey Fallguy: I may not have the whole story exactly right but the thief was already in his car and driving down the road after the guy saw him supposedly taking something out of his truck and yelling at him so defense of property does not sound right. This particular law was quoted in the paper when this story broke and from what I remember it was the basis of no prosecution Bottom line no matter how sarcastic some repliers have been, the State of SC does not like perps and mean it, as opposed to the hypocrites in many other states who talk a lot but do little walking.

  10. #29
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    Quote Originally Posted by kelcarry View Post
    Hey Fallguy: I may not have the whole story exactly right but the thief was already in his car and driving down the road after the guy saw him supposedly taking something out of his truck and yelling at him so defense of property does not sound right. This particular law was quoted in the paper when this story broke and from what I remember it was the basis of no prosecution Bottom line no matter how sarcastic some repliers have been, the State of SC does not like perps and mean it, as opposed to the hypocrites in many other states who talk a lot but do little walking.
    I just mean that is what I sort of think of it as.....but it really doesn't matter what you call it I guess....and I agree, I hate a thief.
    “Because when seconds count, the police are only minutes away”

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  11. #30
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    Baaaaaad Idea. You'll get sue or worse, charged.

    In NYS we have the right to exercise deadly force to thwart a bulglary - NYS PL 35.20(3). But I'm not putting it all on the line over a DVD player.
    GOD, GUNS and GUITARS

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