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Thread: Citizens Arrest?

  1. #21
    Sorry i'll keep my "latino" bickerings off the threads, sorry if i affended anyone.:ashamed:

  2.   
  3. When the time comes to make a citizens arrest just do it. The life you save my be your own. Sorry this is not 50 lines!

  4. When the time comes all bets are off. the little lady with a ccw in wallmart that stopped the kife attack with her gun is a good thing. She got involved . Felony was being committed. She was just in line watching it go down. Thank God for people willing to get involved. Young vic. is still with us.

  5. The "myth" of Citizen's Arrest is folly at best and could prove financially devastating or deadly at worst.

    Leave the arresting to the "On Duty" LEO's, that's what they get paid for. Mas, Massad Ayoob, covered this in his book, In The Gravest Extreme. If you own a gun for defense I strongly suggest you buy and read that book. My copy is from the 1980's and I read it yearly. It's a little "dated" but it still holds true today.

    Biker

  6. #25
    Join Date
    Jan 2008
    Location
    Florida Panhandle
    Posts
    3,096

    Exclamation Good words from a great source

    Quote Originally Posted by BikerRN View Post
    The "myth" of Citizen's Arrest is folly at best and could prove financially devastating or deadly at worst.

    Leave the arresting to the "On Duty" LEO's, that's what they get paid for. Mas, Massad Ayoob, covered this in his book, In The Gravest Extreme. If you own a gun for defense I strongly suggest you buy and read that book. My copy is from the 1980's and I read it yearly. It's a little "dated" but it still holds true today.

    Biker
    This is advice you can take to the bank!:icon_arrowl:
    FESTUS
    IN OMNIA PARATUS

  7. I read it over and over and still feel wtshtf in your presents all bets are off.Mas is great and if I see him at a shoot here I will ask him.

  8. #27
    I'm wondering if people truly know what entails a "citizens arrest". As I understand, it means YOU must take the BG into custody then take him/her to the police. We're not talking about holding a BG while waiting for police to arrive. I'll post part of the New York Law.
    Now this is just PART of the law but it give you a fair idea of what you'd be getting into.

    S 140.30 Arrest without a warrant; by any person; when and where authorized.
    1. Subject to the provisions of subdivision two, any person may
    arrest another person (a) for a felony when the latter has in fact
    committed such felony, and (b) for any offense when the latter has in
    fact committed such offense in his presence.
    2. Such an arrest, if for a felony, may be made anywhere in the
    state. If the arrest is for an offense other than a felony, it may be
    made only in the county in which such offense was committed.

    S 140.35 Arrest without a warrant; by person acting other than as a
    police officer or a peace officer; when and how made.
    1. A person may arrest another person for an offense pursuant to
    section 140.30 at any hour of any day or night.
    2. Such person must inform the person whom he is arresting of the
    reason for such arrest unless he encounters physical resistance, flight
    or other factors rendering such procedure impractical.
    3. In order to effect such an arrest, such person may use such
    physical force as is justifiable pursuant to subdivision four of section
    35.30 of the penal law.

    S 140.40 Arrest without a warrant; by person acting other than as a
    police officer or a peace officer; procedure after arrest.
    1. A person making an arrest pursuant to section 140.30 must without
    unnecessary delay deliver or attempt to deliver the person arrested to
    the custody of an appropriate police officer, as defined in subdivision
    five. For such purpose, he may solicit the aid of any police officer
    and the latter, if he is not himself an appropriate police officer, must
    assist in delivering the arrested person to an appropriate officer. If
    the arrest is for a felony, the appropriate police officer must, upon
    receiving custody of the arrested person, perform all recording,
    fingerprinting and other preliminary police duties required in the
    particular case. In any case, the appropriate police officer, upon
    receiving custody of the arrested person, except as otherwise provided
    in subdivisions two and three, must bring him, on behalf of the
    arresting person, before an appropriate local criminal court, as defined
    in subdivision five, and the arresting person must without unnecessary
    delay file an appropriate accusatory instrument with such court.
    New York State Consolidated Laws, Civil Rights, Article 2-Bill of Rights, Section 4

    S 4. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

  9. The key word here is felony>FELONY

  10. #29
    Join Date
    Dec 2007
    Posts
    1,437
    There's no reason to do a citizen arrest, and it's too risky for most people undertake in most situations. Part of the point of having a police force is to take liability off citizens for issues that are legally complex. It's not worth paying a lawyer and going through the hassle, and then possibly having something on your record.

    If someone is threatening you or someone else with deadly force, you can shoot them in self-defense. If they run away, let the cops track them down. If they fall, let them lie there until the cops show up. If you're very confident and don't want to shoot them, then beating them into submission is always a possibility.

    If someone is just committing a crime (vandalism, trespassing), your best bet is to take pictures if possible and call the cops. If they run, let them run.

    I don't even see a real reason for citizen arrests; they mostly just seem like a good way to get sued or end up in jail.
    Silent Running, by Mike and the Mechanics

  11. Thumbs up Best Statement Yet

    I don't even see a real reason for citizen arrests; they mostly just seem like a good way to get sued or end up in jail.
    +1

    Biker

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