Seattle citizen threatens me with Citizen Arrest for legal carry

Difdi said:

Note that nothing prevents two people from arresting eachother. Being under arrest does not stop you from making arrests.

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rightwinglibertarian said:

This is where is gets very dicey. While you may be technically allowed to Citizen arrest a police officer, what are the chances a cop violating your rights is going to have any respect for a citizens arrest? Citizen arrest may allow you to use extreme force if needed, but when dealing with the police other contradictory laws come into play. Thats not to say I wouldnt try it though. About time people started teaching public servants they are accountable to the citizen and the law.

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wimwag said:

Rogue, I gave your video it's first thumbs up. Lol. Can I blog this?

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RogueReflections said:

To respond to the question: did dirt bag inform me I was under citizen arrest: as I recall, he did. That is when I started rolling video to have him repeat himself. I welcomed him to try, but he declined to do so. I, of course, would not allow him to physically detain me without having a physical response, but I think he surmised this and knew better than to try.
When he saw I called his bluff, he tried turning the crowd of "anarchists" against me. I found it humorous that they responded to him about Constitutional freedoms. I don't think mainstream media reports correctly on them. I do know that the biggest population of law breakers, that day, was Seattle Police Department.

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Primus said:

So have you received papers in the mail for resisting arrest? Lol

Sent from my XT907 using Tapatalk

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Lord Sega said:

Also, early in the video, he is yelling out to the crowd: "this man has a weapon", "this man has a pistol".
Would this fit under "breach of the peace" or disorderly conduct?
If, under Washington law, this attempt to instill fear and panic to the surrounding crowd is illegal, then you could have placed him under citizen's arrest (using only the force necessary to detain him) until you hand him over to the LEOs (video proof copy e-mailed home while waiting, then shown to the officers). I wouldn't, but the possibilities are interesting.

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Midwest said:

Sounds almost like he is inciting a riot, possibly making terroristic threats and attempting to put putting someone's life in jeopardy, or general harassment ....some of which can be chargeable offenses.

Disclaimer: I am NOT a lawyer and these are just my opinions, not fact.

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Difdi said:

With three exceptions, citizen's arrest in Washington is legally identical to the sort of arrest police make.

The first difference is that a citizen's arrest must be immediate -- police can wait a while to make an arrest, but citizens must make an arrest immediately after witnessing a crime or not at all.

The second difference is that police making an arrest can disarm the arrested individual no matter who he or she is, but a citizen cannot legally disarm a police officer when arresting the officer without a judge's order or in self-defense if the officer attempts to resist arrest with the weapon.

The third is that police have qualified immunity to civil lawsuits for actions taken in the line of duty -- if a cop makes a mistake on the law, it may be impossible to sue him. Citizens have no such shield when making arrests.

Aside from those three differences, citizen's arrest is no different from police arrest for the purposes of things like resisting arrest, escape, etc. If someone tells you you are under arrest, take it VERY seriously! If you attempt to escape, that's a crime. Resisting arrest is also a crime, and the person making the arrest is legally allowed to use what force is necessary to accomplish the arrest, stop resistance and prevent escape. This means that if you don't take it seriously and walk away, you could get tackled and fighting back against the guy adds crimes to the list -- resisting arrest isn't self-defense.

Note that nothing prevents two people from arresting eachother. Being under arrest does not stop you from making arrests.

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RCW 9A.76.040
Resisting arrest.


(1) A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her.

(2) Resisting arrest is a misdemeanor.

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rightwinglibertarian said:

This is where is gets very dicey. While you may be technically allowed to Citizen arrest a police officer, what are the chances a cop violating your rights is going to have any respect for a citizens arrest? Citizen arrest may allow you to use extreme force if needed, but when dealing with the police other contradictory laws come into play. Thats not to say I wouldnt try it though. About time people started teaching public servants they are accountable to the citizen and the law.

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RCW 10.04.020
Arrest — Offense committed in view of district judge.


When any offense is committed in view of any district judge, the judge may, by verbal direction to any deputy, or if no deputy is present, to any citizen, cause such deputy or citizen to arrest such offender, and keep such offender in custody for the space of one hour, unless such offender shall sooner be taken from such custody by virtue of a warrant issued on complaint on oath. But such person so arrested, shall not be confined in jail, nor put upon any trial, until arrested by virtue of such warrant.

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RCW 9A.04.060
Common law to supplement statute.


The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense.

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RogueReflections said:

To respond to the question: did dirt bag inform me I was under citizen arrest: as I recall, he did. That is when I started rolling video to have him repeat himself. I welcomed him to try, but he declined to do so. I, of course, would not allow him to physically detain me without having a physical response, but I think he surmised this and knew better than to try.
When he saw I called his bluff, he tried turning the crowd of "anarchists" against me. I found it humorous that they responded to him about Constitutional freedoms. I don't think mainstream media reports correctly on them. I do know that the biggest population of law breakers, that day, was Seattle Police Department.

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Alpine said:

I was wondering if you'd be out there covering the Maydayhem Rogue.

If you think that is bad, just wait until the new SPD chief comes in. The final 3 candidates are from CA, MA, and AZ. What is the liklhood they'd pick the AZ one? Low.

Most likely we'll get the CA guy or the MASS guy, and we both know how those states are with guns. My guess is expect a whole new SPD that bucks state law. Hopefully no OCers get shot in the next decade by SPD.

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amlevin said:

To all those who suggest suing this dufus for false arrest in civil court, demanding a huge sum, sounds good. However who's going to step in and help the OP pay the attorney bills when it's discovered that "Mr Dufus" is indigent and living on Government hand-outs? Even if he is an "average citizen" and holding down a job, most people don't have anything worth suing for (that you can take away from that is).

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RogueReflections said:

As an open carry advocate and public photographer, I am at many marches, protests and rallies throughout the state of Washington. Police officers and citizens know me as Rogue. The ****** bag in this video HATES guns and anyone who own them. When he first encountered me, months ago, he called my a baby killer and a terror. In this video, he deduced I was conceal carrying and demanded to see my "permit" and drivers license....and that I was under Citizen Arrest. Of course I laughed and started rolling video.
For those wondering why I referred to Seattle Police Officers as "pigs" in the video, it is because I personally observed them attacking innocent people (myself included) that day. I was not happy with the behavior of the police.

http://m.youtube.com/watch?v=sylq_LLr-ns

- Rogue Reflections -

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EMNofSeattle said:

Big shocker there, maybe you should try attending events not frequented by violent freaks of the sort who attend mayday protests.

I'm sorry the authorities didn't approve of you marching without a permit, starting fires in the streets, and causing a bunch of property damage, throwing bottles and firecrackers... I'm not really happy with these people's behavior either. I'm glad that SPD is on scene. maybe if these people became productive members of society they wouldn't get arrested so much.

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EMNofSeattle said:

Big shocker there, maybe you should try attending events not frequented by violent freaks of the sort who attend mayday protests.

I'm sorry the authorities didn't approve of you marching without a permit, starting fires in the streets, and causing a bunch of property damage, throwing bottles and firecrackers... I'm not really happy with these people's behavior either. I'm glad that SPD is on scene. maybe if these people became productive members of society they wouldn't get arrested so much.

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EMNofSeattle said:

I'm sorry the authorities didn't approve of you marching without a permit, starting fires in the streets, and causing a bunch of property damage.

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