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Things not to do to people carry guns

MilProGuy

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Mr. (EDIT) Foster is going to learn a good lesson in minding his own business, it seems.:cool:
 
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Contrarian

Contrarian

Regular Member
Joined
Sep 18, 2009
Messages
259
Location
Seattle,WA, , USA
Florida assault

"... and saw him put his legally registered firearm into his waist holster ..."

What? Registered firearm? not in Florida it's not.
Mr. Crockett did not do his homework.
 
1245A Defender

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Well,,,

Mike said:
http://www.theroot.com/articles/new...ackles_black_man_licensed_to_carry_a_gun.html
Click to expand...

Nice,,, another blind link!

Well Mike, this is your forum, so I guess it makes sense that you would come to the party late
to tell us all a story that already has about four threads!

MilProGuy said:
Mr. Daniels is going to learn a good lesson in minding his own business, it seems.:cool:
Click to expand...

Sooo, welcome back after your 33 month vacation,, but,

Daniels needs to learn a lesson about doing a better job of watching his six!
It is Foster that is going to learn a good lesson about minding his own business!!! Dont attack LAC's...
 
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davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
MKEgal said:
Actually, it's criminal. The attacker has been arrested for the assault; not sure if he's been charged yet.
Click to expand...

We'll see if they drop the charges. One can citizens arrest a person. If wrong, its usually a civil matter.

Don't know if they guy arrested will make this argument. He's in deep doo-doo either way.
 
MilProGuy

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
1245A Defender said:
Nice,,, another blind link!

Well Mike, this is your forum, so I guess it makes sense that you would come to the party late
to tell us all a story that already has about four threads!



Sooo, welcome back after your 33 month vacation,, but,

Daniels needs to learn a lesson about doing a better job of watching his six!
It is Foster that is going to learn a good lesson about minding his own business!!! Dont attack LAC's...
Click to expand...

It is nice to be back. Thanks.


I meant to say in my earlier post that MR. FOSTER needs to learn to mind his own business. :banghead:

Sorry for incriminating Mr. Daniels, who had done absolutely nothing wrong.

I had a stroke this past summer, and my vision is not as clear as it once was. As Obama would say: "I misspoke".
 
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Kopis

Kopis

Regular Member
Joined
Jun 19, 2013
Messages
674
Location
Nashville, TN
Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
 
M

MedWheeler

Regular Member
Joined
Dec 27, 2011
Messages
33
Location
Florida
Kopis said:
Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
Click to expand...

Kopis, it is indeed true that a citizen can effect an arrest in Florida, but it must contain the following elements:

1) The person making the arrest must reasonably believe a forcible felony (aggravated assault/battery, robbery rape, homicide, or burglary) has just occurred and,

2) The person making the arrest must reasonably believe the person(s) being arrested is/are the one(s) responsible and,

3) The person being arrested appears to be in immediate flight from the scene of the crime (immediately following its occurrence.)

The person making the arrest may use reasonable force to stop the flight of the arrestee, and must inform the arrestee he/she is being arrested. If, in the attempt to stop the arrestee's flight, the person making the arrest becomes in fear of death or serious bodily injury due to the actions of the arrestee, deadly force may be warranted.

Once a citizen's arrest has actually been made, the person making the arrest becomes the "arresting officer" throughout the judicial process.

This is in accordance with the principles of English Common Law; Florida statute addresses it as such:

941.14 Arrest without a warrant.—The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant.
Click to expand...

So, no, Foster would not have been in accordance in attempting arrest of Daniels in this case, as he had no reasonable cause to believe that Daniels had just committed a forcible felony.
 
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F

FTG-05

Regular Member
Joined
Feb 28, 2011
Messages
441
Location
TN
Kopis said:
Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
Click to expand...

I believe that is what the dipstick was charged with. As well he should have. I hope he is still paying for his monumental act of stupidity this time in the year 2025. Here's to hoping!
 
D

Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
238
Location
Iowa
Did a search to see if anybody posted an update about this and I didn't see any so here it is(according to a Florida public records search)

05/07/2015
Disposition (Judicial Officer: McNeil, Artemeus)
1. 784031-BATT1100 (MF) BATTERY
NT - ADJUDGED GUILTY


05/07/2015
MISDEMEANOR (Judicial Officer: McNeil, Artemeus)
1. 784031-BATT1100 (MF) BATTERY
Fee Totals:
COP STATE ATTY OFFICE - MISD/TRAF $50.00
DOMESTIC VIOLENCE SURCHARGE MISDEMEANOR $201.00
MISD FINE ADJG $210.00
MISD MANDATORY COURT COSTS $220.00
RAPE CRISIS TF (938.085) $151.00
PROB FEE $12 $12.00
Fee Totals $ $844.00
Attorneys at Sentencing (Lead Prosecutor ISABEL, MELISSA ANNE, Lead Defense MCCABE , JARED JAMES)
County Reporting Probation (12 Mo )
Provisions (
Provisions ATTEND AND COMPLETE ANGER MANAGEMENT,
NO CONTACT WITH VICTIM OR PROPERTY,
NO EARLY TERMINATION OF PROBATION)
Comment: DEFENDANT IS NOT TO HAVE FIRE ARMS, NO CONTACT WITH VICTIM OR VICTIM'S FAMILY, ATTEND ANGER MANAGEMENT, EVALUATION AND TREATMENT; DEFT TO DO EVALUATION AND TREATMENT WITHIN 1ST 60 DAYS
Restitution (Restitution Ordered - Reserves on Amount, Comment: RESERVE RESTITUTION 60 DAYS )

Summary: 1 year probation, $844 in fines, anger management class, barred from firearms possession, subject to restraining order. I could not find any information on a civil suit (or even the potential for one).
 
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