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Thread: Deputy Encounter tonight

  1. #1
    Regular Member Ricky's Avatar
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    Deputy Encounter tonight

    Well my sister called me tonight at 11pm to tell me she heard a loud thump downstairs, her husband out of town of course. I had a 5 min drive to her house and told her to call 911 and tell them. I arrived approx 3-4min before the deputy arrived. Two story house full basement. I drove to her lower outside garage door and checked it as it was pitch black except for my head lights and flashlight. I then drove to her front door where she met me. The deputy arrived at that point and I introduced myself as her brother and informed him I was armed. He said that's fine that I could go with him downstairs to clear the basement, which I really didn't want to go alone and he acted like he didn't either. We both walked the basement(holstered) guns and everything was fine. Just wanted to share as it kinda got me wide awake as I was about to go to bed and the deputy was very nice and seemed to appreciative that I was there and all ended well. End of my big adventure....Ricky

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    Regular Member ArmySoldier22's Avatar
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    Glad to see he was intelligent about it and understood your value in a situation where he wouldn't have had backup otherwise if somebody had been down there.

    Also glad to hear that nothing was wrong and she's safe!

  3. #3
    Regular Member Ricky's Avatar
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    Quote Originally Posted by ArmySoldier22 View Post
    Glad to see he was intelligent about it and understood your value in a situation where he wouldn't have had backup otherwise if somebody had been down there.

    Also glad to hear that nothing was wrong and she's safe!
    Thanks I was really glad it was uneventful.....P.S. And yes he was very professional and it being a county deputy his back up was several minutes away...Good ending

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    Very cool. Glad it all worked out. I've dealt with Longview PD and fire on my property while OC'ing. They have never said anything or asked me to disarm. Even had a lady from down the road try to make a stink about it when we had an officer talk to her about trespassing and getting generally nasty with my wife. He could have cared less and told her so. He asked my wife about me carrying to make sure she was not lying to him. He told my wife she was "sure hung up on that gun thing."

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    Regular Member razor_baghdad's Avatar
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    Get his name......

    and write a professional letter to the Sheriff on his behalf.

    DS's like this need to be recognized for their professionalism and also to get the word out there that civilians can be and are professional in their actions as well.

    Kudos!

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    Quote Originally Posted by Ricky View Post
    Well my sister called me tonight at 11pm to tell me she heard a loud thump downstairs, her husband out of town of course. I had a 5 min drive to her house and told her to call 911 and tell them. I arrived approx 3-4min before the deputy arrived. Two story house full basement. I drove to her lower outside garage door and checked it as it was pitch black except for my head lights and flashlight. I then drove to her front door where she met me. The deputy arrived at that point and I introduced myself as her brother and informed him I was armed. He said that's fine that I could go with him downstairs to clear the basement, which I really didn't want to go alone and he acted like he didn't either. We both walked the basement(holstered) guns and everything was fine. Just wanted to share as it kinda got me wide awake as I was about to go to bed and the deputy was very nice and seemed to appreciative that I was there and all ended well. End of my big adventure....Ricky
    I'm glad it worked out for you like that. It does seem like the deputy was glad that you were there in the event things got ugly. I almost had an event with an LEO but chickened out. Was going into one of the local convienient stores and there was a deputy standing by the front door. Was going to walk in there open carrying but decided at the last moment to leave my Glock in my car. Once again, I'm glad that it worked out for you the way it did.

    E.J.

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    Regular Member SquareJeeper88's Avatar
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    I think this story is really cool and like said above this deputy should be commended. But I am going to play devils advocate here for a second. Where does the liability lie in this? Im assuming because it was not stated in the OP that you are not LEO therefor I feel like his decision to have you assist in clearing the house was a poor decision on his part. I work for the Sheriffs Dept in my county and I can see a law suit waiting to happen with this. Had there been someone in that house and God forbid you were shot and injured or worse that could have cost the Sheriff apt of money I feel. If someone else knows of something different or how I am wrong please feel free to explain but I just see this as potential trouble. Either way AWESOME on the deputy. We need more out there like him these days instead of the LEOs that are afraid of having an armed public.

  8. #8
    Regular Member rotorhead's Avatar
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    Quote Originally Posted by SquareJeeper88 View Post
    I think this story is really cool and like said above this deputy should be commended. But I am going to play devils advocate here for a second. Where does the liability lie in this? Im assuming because it was not stated in the OP that you are not LEO therefor I feel like his decision to have you assist in clearing the house was a poor decision on his part. I work for the Sheriffs Dept in my county and I can see a law suit waiting to happen with this. Had there been someone in that house and God forbid you were shot and injured or worse that could have cost the Sheriff apt of money I feel. If someone else knows of something different or how I am wrong please feel free to explain but I just see this as potential trouble. Either way AWESOME on the deputy. We need more out there like him these days instead of the LEOs that are afraid of having an armed public.
    I would think that GS 15A-405 would apply:

    § 15A‑405. Assistance to law‑enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons.

    (a) Assistance upon Request; Authority. – Private persons may assist law‑enforcement officers in effecting arrests and preventing escapes from custody when requested to do so by the officer. When so requested, a private person has the same authority to effect an arrest or prevent escape from custody as the officer making the request. He does not incur civil or criminal liability for an invalid arrest unless he knows the arrest to be invalid. Nothing in this subsection constitutes justification for willful, malicious or criminally negligent conduct by such person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.

    (b) Benefits to Private Persons. – A private person assisting a law‑enforcement officer pursuant to subsection (a) is:

    (1) Repealed by Session Laws 1989, c. 290, s. 1.

    (2) Entitled to the same benefits as a "law‑enforcement officer" as that term is defined in G.S. 143‑166.2(d) (Law‑Enforcement Officers', Firemen's and Rescue Squad Workers' Death Benefit Act); and

    (3) To be treated as an employee of the employer of the law‑enforcement officer within the meaning of G.S. 97‑2(2) (Workers' Compensation Act).

    The Governor and the Council of State are authorized to allocate funds from the Contingency and Emergency Fund for the payment of benefits under subdivision (3) when no other source is available for the payment of such benefits and when they determine that such allocation is necessary and appropriate. (1868‑9, c. 178, subch. 1, s. 2; Code, s. 1125; Rev., s. 3181; C.S., s. 4547; 1973, c. 1286, s. 1; 1979, c. 714, s. 2; 1989, c. 290, s. 1.)

  9. #9
    Campaign Veteran ComradeV's Avatar
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    Our common law legal tradition recognises private citizens have a responsibility to aid Law Enforcement when requested and able to.

    This was how Sheriffs gathered assistance before the funding of full time deputies was enough to make the need for this aid uncommon.
    Last edited by ComradeV; 02-27-2012 at 08:29 PM.

  10. #10
    Regular Member SquareJeeper88's Avatar
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    Rotorhead and Comrade:

    Thanks, I did not know that was the case. This is why I love this sight, learn more and more everyday.

  11. #11
    Regular Member ArmySoldier22's Avatar
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    I'd personally help without any issues with it at all. I'd be glad to offer my services if asked.

    So this is mainly just for curiosity purposes: What if a civilian says no? To be honest, there are some people that just don't belong in a situation like that because they'd freeze up and may make things worse than what they are. So what if somebody was to refuse to help, even though they're technically physically able to do so?

  12. #12
    Regular Member SFCRetired's Avatar
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    OK, you guys are in North Carolina, so the laws are different, but this is what the Alabama Code says:
    Section 13A-10-5

    Refusing to aid peace officer.

    (a) A person commits the crime of refusing to aid a peace officer if, upon command by a peace officer identified to him as such, he fails or refuses to aid such peace officer in:
    (1) Effecting or securing a lawful arrest; or
    (2) Preventing the commission by another person of any offense.
    (b) A person is not liable under this section if the failure or refusal to aid the officer was reasonable under the circumstances. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
    (c) Refusing to aid a peace officer is a Class C misdemeanor.

    I would strongly suspect that most states have a similar law on the books.

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ArmySoldier22 View Post
    I'd personally help without any issues with it at all. I'd be glad to offer my services if asked.

    So this is mainly just for curiosity purposes: What if a civilian says no? To be honest, there are some people that just don't belong in a situation like that because they'd freeze up and may make things worse than what they are. So what if somebody was to refuse to help, even though they're technically physically able to do so?
    I know of no statute, law or ordinance that requires one lend a hand, give aid or assistance to a LEO in such a manner.

    Moral obligation...... maybe.

    I have and would again under the right circumstances. That's just me though.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member Fallschirmjäger's Avatar
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    I wonder if such laws were enacted when the average gentleman was not only able but equipped to defend himself should a situation go south.

    I can well imagine a Sheriff calling for a posse of cowboys to go after cow rustlers. I can NOT imagine the police in someplace like modern Chicago forming a posse of the average unarmed Illinoisan to assist in capturing an auto theft ring.
    I can't imagine an officer effecting an arrest or trying to prevent the commission of an offense without his firearm, why should I be expected to assist him when I'm without mine?
    Last edited by Fallschirmjäger; 02-27-2012 at 09:28 PM.

  15. #15
    Campaign Veteran ComradeV's Avatar
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    As civil law has continued to erode our common law traditions and as we take for granted the modern concept of professional police forces we forget at one time The law was a circuit judge(he came into town on horseback every so often), a sheriff, and that was about it. These Are both elected positions and in a limited government they only have your moral obligation to abide their laws and their rulings. As the state's financing and power increases their ability to compel you increases. George Washington had to as President lead a military expedition personally to compel people to pay their whiskey tax. And people wonder why the IRS wants short barrel shotguns.

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