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Thread: Citizen's Arrest

  1. #31
    JSDinTexas Guest
    Quote Originally Posted by NavyLT View Post
    Texas has basically the same law. I have no problems with such laws.
    But here is a relevant part of that law here in TX:

    "(3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or ..."

    So if there is insurance that replaces or reimburses for the loss, deadly force is not always defendable.

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  3. #32
    Join Date
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    Quote Originally Posted by jsdinTexas View Post
    But here is a relevant part of that law here in TX:

    "(3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or ..."

    So if there is insurance that replaces or reimburses for the loss, deadly force is not a defendable.
    I'm sure you know more about TX law than I do, but IMO reimbursement or replacement is not the same as recovery of the same means. Also it says "reasonably believes" not what is "fact"

    Don't you figure that Joe Horn's neighbors had insurance on the property the two guys he shot and killed stole?
    “Because when seconds count, the police are only minutes away”

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  4. #33
    JSDinTexas Guest
    Quote Originally Posted by Fallguy View Post
    I'm sure you know more about TX law than I do, but IMO reimbursement or replacement is not the same as recovery of the same means. Also it says "reasonably believes" not what is "fact"

    Don't you figure that Joe Horn's neighbors had insurance on the property the two guys he shot and killed stole?
    My response was to the use of force vs. deadly force - in TX these two actions are well defined and specific (for instance, another example is that the rules change during a home nighttime burglary vs day burglary, as you can see in the posted penal code).
    But concerning Joe Horn, his defense was the perp was coming towards him and in fear of his life or person, he used deadly force. Add the factors that the perps were basically felons out of S Amer and it was Pasadena, (sorry folks, I lived there for a while). I was not surprised at the not guilty verdict.

    Horn's case was pretty controversial as you may imagine, and I'm not sure he shouldn't have been found guilty of voluntary manslaughter, or worse.

    And I agree that insurance may not be a reasonable reimbursement - and it wouldn't be if, for instance, a unique piece of antique jewelry or heirloom that was not replaceable was taken, and in that senario deadly force could be defendable.

  5. Exclamation Tread lightly

    1. Understand your state's citizen's arrest law.
    2. Citizens do not usually have the privilege of arresting someone until they start the felonious behavior.
    3. Where I live, Arkansas, a citizen can not brandish a weapon or use lethal force on a fleeing suspect. There are some exceptions in your own home, but that is not helping out a stranger as you stated.
    4. Interfering between spouses beating each other can get you killed and the witness might love their spouse more than you after the treat is removed.

    When you are attacked, you know it is an attack. When you observe an event, you do not have all of the facts. The man giving a whopping might be beating a thief, rapist, or murder to detain them. How would you know? Is it possible to detain both persons safely until the Police arrive? Remember the law often reads-you can not use lethal force to detain someone. Calling 911 is safe and maybe the dispatcher can advise you.

  6. #35
    Yeah, If I want to live out some wannabe cop fantasy, I'll either become a cop, a corrections officer, or work for a bonding company. Leave this "citizen's arrest" for the "sheepdogs".

  7. Quote Originally Posted by G50AE View Post
    Yeah, If I want to live out some wannabe cop fantasy, I'll either become a cop, a corrections officer, or work for a bonding company. Leave this "citizen's arrest" for the "sheepdogs".
    Wouldn't it be easier to just mail order a badge?

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  8. #37
    Join Date
    May 2010
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    Citizens arrests are tricky. Youre really only detaining the person until Police arrive, most cases you can only arrest if a Felony has been committed in your presence, others are for misdemeanors such as minor drug trafficking, but drug issues, Id report to the police as much information as possible and stand back.
    As far as felonies, use no more force than necessary to detain the person, do not draw your weapon unless absolutely needed. Aside from that, use what force is necessary to detain the suspect. I do it all the time in my line of work as a Security Officer.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  9. #38
    Quote Originally Posted by NavyLT View Post
    Wouldn't it be easier to just mail order a badge?

    Concealed Carry Permit Badges available with your State's seal

    I would suggest the Rhodium....
    NavyLT, when you are the first person on a thread to mention CCW badges, you are supposed to edit the search tags at the bottom of the thread to add the "ccw badges" tag. This lets everyone know that it is ok to inject large amounts of humor and make fun of CCW badges.

  10. #39
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    Jul 2009
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    Many little twists and turns on the comments so far. Fact is in SC that there has been no prosecution that I am aware of for someone going outside of their home (particularly at night), confronting someone who MAY have been fooling around near their truck or property (SC law only calls for your "presumption" of a crime being committed), and actually shooting them for not obeying your instructions.

  11. #40
    My CHL instructor (who also happened to be a lawyer) got to the citizen's arrest portion and gave us our free legal advice of the evening: "Don't do it!"

    I never wanted to before and that sealed the deal. I'll dial 911, observe and defend myself if necessary.

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