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Robbery stopped by armed customer - customer releases robber from custody?

stealthyeliminator

stealthyeliminator

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Joined
Dec 29, 2008
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3,100
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A robbery was stopped as soon as it began by an armed customer, but the customer, not knowing the extent of his authority to detain the suspect, told him to get out and don't come back.

http://www.kens5.com/story/news/crime/2014/11/11/sapd-customer-stops-robbery/18841373/

It is unfortunate that the customer allowed the suspect to leave.

Texas Code of Criminal Procedure, Chapter 14 Arrest Without Warrant http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.14.htm#14.01
Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
 
twoskinsonemanns

twoskinsonemanns

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Apr 12, 2012
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WV
If the customer had not told the guy to leave, if the robber decided to make a run for it, I wonder what level of force the customer would have been allowed to use to hold him.
 
OldCurlyWolf

OldCurlyWolf

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Go to the TexasCHLforum. The person who was the CHL holder posted what happened and why he let the perp run. His explanation is based on the IMMEDIATE safety of others in the immediate vicinity.
 
stealthyeliminator

stealthyeliminator

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OldCurlyWolf said:
Go to the TexasCHLforum. The person who was the CHL holder posted what happened and why he let the perp run. His explanation is based on the IMMEDIATE safety of others in the immediate vicinity.
Click to expand...

I'd rather not go there... Could you quote the explanation here?
 
WalkingWolf

WalkingWolf

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Jul 31, 2011
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11,930
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North Carolina
Without details he did what I would have done, I am no longer a cop, not my job. Stop the threat, and I don't care what the threat does after that. In fact the threat leaving the scene to me is optimal, takes me and mine out of danger.

A few others and I have made it clear that we do not carry to get the bad guy.
 
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