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Thread: Citizens Arrest?

  1. All of which is going to happen if you shoot! He was such a good little boy.

  2.   
  3. All of which is going to happen if you shoot! He was such a good little boy.
    Yes it is, but I am concerned with how something will appear to someone not smart enough to get out of jusry duty.

    For me, forgive me for sounding like an Insurance Agent or an attorney, it's about limiting my exsposure to liability, both criminally and civilly.

    Biker

  4. #33
    Join Date
    Dec 2007
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    1,437
    Quote Originally Posted by kwo51 View Post
    All of which is going to happen if you shoot! He was such a good little boy.
    If you have a really good reason to make a citizens arrest, then it must be one in which your life is in danger, which means you can fire in self-defense, which means there's no arrest. If it's not a life-threatening situation, then it's not a big deal.
    Silent Running, by Mike and the Mechanics

  5. That was my point,after 2 rounds cm and he is still alive place him in citizens arrest. Over kill could be a problem.

  6. #35
    all this depends on the state that you live in. In NC, there is no power for a citizen to arrest anyone. There is a limited right to "detain". A private citizen can use force to detain, but not deadly force. You can even restrain people, presumably with handcuffs, but it would be really stupid. I am not a big fan of MASS Ayoob, but he said a private citizen arresting or pursuing someone was like a dog chasing a car. what do you do with him if you were able to catch/"detain"him? It is a very bad idea. As I say, in NC, it would be against some law or the other in almost every case.Just be as good a witness as you can. If a criminal wants to leave, then he is free to leave.

  7. #36
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    Location
    Inland Empire
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    Lightbulb USA Carry Longest running thread?

    Good God Almighty,
    I started this thread on 04-19-2008, almost 8 months ago! 2,850 views!
    Like some vampire it is back from the dead and still got 50 different answers
    that directly correlate to the 50 states giving loads, some or no rights
    to a pistol packing do-gooder, who thinks their gun is the only way to effect anything
    but a world of hurt that will prolly jail 'em for 10-20 and the BG walks in 3 then sues
    the armed citizen for $10,000,000. Sheesh!
    Staying out of re-posting, so let's hear it all over again.

    Canis-Lupus
    Last edited by Canis-Lupus; 12-09-2008 at 12:02 AM.

  8. #37
    As far as "brandishing" goes here in FL, it depends on the circumstances. My neighbor's 3 dogs got loose and tried to attack me a few months ago. I was outside and my immediate reaction to 3 dogs running at me growling was to draw my pistol. I drew it and walked backwards into my door with it aimed at them, then closed the door. My neighbor saw this and called the police, who showed up and then called Animal Control and took his dogs. They took the liberty to inform me I did the right thing however next time I need to draw my weapon, to immediately call them when a free moment is reached.
    Gun control: Forcing a 95lb woman to fist fight a 300lb rapist

  9. #38
    Join Date
    Jan 2008
    Location
    N. Central Indiana
    Posts
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    As far as Indiana goes...... here's what Indiana law says......... and this information does not require a debate, multicolor posts, verbosity, or any response, other than, "gee, I could've looked that up myself."

    In Indiana, deadly force can be employed to prevent the occurrence of a forcible felony..... and citizens arrest is viable if a felony, or some misdemeanors are witnessed.

    IC 35-41-3-2
    Use of force to protect person or property
    Sec. 2. (a) A person is justified in using reasonable force against
    another person to protect the person or a third person from what the
    person reasonably believes to be the imminent use of unlawful force.
    However, a person:
    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to
    prevent serious bodily injury to the person or a third person or the
    commission of a forcible felony. No person in this state shall be
    placed in legal jeopardy of any kind whatsoever for protecting the
    person or a third person by reasonable means necessary.

    (b) A person:
    (1) is justified in using reasonable force, including deadly force,
    against another person; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that the force is necessary to
    prevent or terminate the other person's unlawful entry of or attack on
    the person's dwelling, curtilage, or occupied motor vehicle.
    (c) With respect to property other than a dwelling, curtilage, or an
    occupied motor vehicle, a person is justified in using reasonable
    force against another person if the person reasonably believes that
    the force is necessary to immediately prevent or terminate the other
    person's trespass on or criminal interference with property lawfully
    in the person's possession, lawfully in possession of a member of the
    person's immediate family, or belonging to a person whose property
    the person has authority to protect.


    Indiana Code 35-33-1-4:

    Any person may arrest any other person if:
    (1) the other person committed a felony in his presence;
    (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
    (3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
    A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
    Last edited by Jay; 12-21-2008 at 12:55 PM. Reason: links re reason for this post were objected to in a PM
    Only when our arms are sufficient, without doubt, can we be certain, without doubt, that they will never be employed....... John F. Kennedy
    Life Member NRA Life Member Marine Corps League

  10. #39
    Join Date
    Dec 2007
    Posts
    1,437
    Quote Originally Posted by Canis-Lupus View Post
    Good God Almighty,
    I started this thread on 04-19-2008, almost 8 months ago! 2,850 views!
    Like some vampire it is back from the dead and still got 50 different answers
    that directly correlate to the 50 states giving loads, some or no rights
    to a pistol packing do-gooder, who thinks their gun is the only way to effect anything
    but a world of hurt that will prolly jail 'em for 10-20 and the BG walks in 3 then sues
    the armed citizen for $10,000,000. Sheesh!
    Staying out of re-posting, so let's hear it all over again.

    Canis-Lupus
    This will probably still be going well into 2009.

    The concept of a citizen's arrest is really a solution to a problem that shouldn't exist. If it's a life-threatening situation, you shoot them. They'll either keep advancing until they die, run away, or (as is usually the case) simply pass out.

    If it's not a life-or-death situation, then this is a null issue. The chances of having an exception to the rule are so slim that having that option to act on is probably far more dangerous to yourself from a legal standpoint.

    Erring on the side of simple safety means that one is a lot less likely to end up on the wrong side of the law.
    Silent Running, by Mike and the Mechanics

  11. Citizen's Arrest

    In Arizona, where I was trained, the only difference between a citizen and a police officer when it comes to powers of arrest is that only a police officer may arrest on a warrant. In a citizen's arrest, Miranda does not apply, since you will not be interrogating the subject in a custodial setting. If you make a citizen's arrest, you may use a reasonable amount of force to restrain the person until the police arrive and take over. One should be very careful of the grounds when they decide to make a citizen's arrest, because, just as with a police officer, you will have to appear in court to explain to the judge your actions. If you are wrong, the person you arrested may sue you in civil court. The police officer has legally recognized immunity from prosecution for official acts, and you do not. A citizen's arrest, if made at all has to be for very serious misdemeanors or lower felonies. Take smoking in any room used as a classroom. This is a Class 2 misdemeanor, which means you can go to jail for 90 days. A citizen's arrest for this will be laughed at, most likely, as an LEO will write a citation for it,ifthey see it. If they don't, there is nothing they can do, because it was not in their presence. What might happen is the LEO will write the citation, and have you sign it as the arresting officer (party). More likely, they will talk to both of you and try to get you to shake hands and each go your own way.
    A man without a gun is a subject; a man with a gun is a citizen.
    I'll keep my freedom, my guns and my money. You can keep THE CHANGE.
    An armed society is a polite society.

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