SC Citizen's Arrest for Simple Assault
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Thread: SC Citizen's Arrest for Simple Assault

  1. #1
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    SC Citizen's Arrest for Simple Assault

    First off--is a simple assault considered a felony?---ie: someone puts their hands on you or your wife. If so, I understand that a citizen's arrest can be made in SC and probably most other states. Now the hard part. In SC, if the arrest is at night, you have the right to maintain that arrest by all means necessary to eliminate escape. During the daytime, however, what are you allowed to do to restrain the felon until police arrive? In all of the above, if simple assault is a felony, are you allowed to present your firearm as part of the arrest. At night, as I said above, you can actually shoot to kill to prevent escape, but during daytime do you have any options if felon just ups and leaves?

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  3. #2
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    SC Citizen's Arrest

    Not sure about the felony, but "Assault" is just a threat. If they touch you, it's "Battery"...i.e. if you threaten someone (assault) either verbally or by your actions, and then follow through on the threat (battery) by actually grabbing, touching, or hitting them, the charge is "Assault & Battery). It is possible to commit "battery" without "assault" if you give no warning or indication that you intend to commit the "battery".

  4. #3
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    KEL,
    Can't believe the shooting on Harbor View road. Cannon stated he hasn't decided if he'll charge the shooter. Story is in today's Post & Courier. The shooter was protecting his "STUFF" and the perp was driving away fleeing. Getting crazy on that side of town.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  5. #4
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    As far as I know, the power to arrest does not come from your state, it comes from the US Constitution, so yes, you are allowed to perform "detainments" within reason, just be sure what is being done by the other person is doing is breaking the law. Otherwise you can be arrested for "unlawful arrest/detainment"
    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.

  6. #5
    Quote Originally Posted by mappow View Post
    The shooter was protecting his "STUFF" and the perp was driving away fleeing. Getting crazy on that side of town.
    I guess it would be a whole lot worse if he had to protect his "junk".

  7. #6
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    Hey mappow: The article in the Post and Courier correctly quotes the citizen's arrest SC Code of Laws Title 17 Chapter 13, which states very clearly that you can kill someone at night to stop them from fleeing after you have intiated a citizen's arrest if you have just suspicions of his design to commit some felony. In SC, IMO, the word "just" is heavily given to the shooter and not the possible perp. The Harborview case sure sounds like the above. Certainly in the initial story, the shooter got some good advice from his attorney to just shut up and stop talking. Just say the wrong thing and oops. It should also be pointed out that if it is a good shooting, which eliminates criminal charges, I believe the shooter is immune from any civil suits, as well. All in all, if you place extreme value on your stuff, SC is a great place to live. Hey Itstjs: If citizens arrest is in the SC Code of Laws it sure sounds like SC gave me the right.

  8. #7
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    You are opening a can of worms you do not want to open. Are you trained in detention techniques? do you carry hand cuffs? (Can't speak for SC but in Colorado you try handcuffing someone and you aren't justified you are the one going to the klink Unless of course the cuffs are pink and fuzzy) What are you going to do if the bad guy just turns and walks away?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
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  9. #8
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    Just the point Treo. In SC you can shoot to kill someone who "just turns and walks away". The Code of Laws is quite clear on this "SC Code of Laws Title 17 Chapter 13". Please note this only applies "at night" on a citizens arrest. Big story right now here in Charleston (prompt on the 2/24 issue of the Post and Courier). 1AM in morning. Guy apparently going thru a guys truck (perp says he was looking in his dumpster--at 1AM?). Guy confronted him as he got in his car and pulled away. Truck guy fired I think 5 shots at car and one bullet grazed the perp. Sheriff still sifting story and evidence but I will bet there will be no charges brought. Lots of local talk radio all in favor of the truck guy. About a year ago almost similar story with a homeowner catching a young guy looking in rear of his pickup late at night. Went outside, confronted him and told him to take hands out of pocket and lift hands--he did not do as told and seemed to have hand in pocket when homeowner fired wounding the young guy---no charges. I doubt if "stuff" is going to cause me to do battle and possibly kill someone, but in SC it seems that the law is on the side of the homeowner--this is the wrong state if you are a perp looking to steal anything from someone's property or vehicle, particularly at night.

  10. #9
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    Quote Originally Posted by Treo View Post
    You are opening a can of worms you do not want to open. Are you trained in detention techniques?
    Roger that TREO, I've posted in the past that unless you are trained on take down and restraint you should rethink your options prior to engagement.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  11. #10
    Quote Originally Posted by mappow View Post
    Roger that TREO, I've posted in the past that unless you are trained on take down and restraint you should rethink your options prior to engagement.
    That's a big 10-4. Just because you have a CB radio in your car, you don't get a licence to be a wanna-be ninja.

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