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Thwarted an attempted car theft this morning.

zaitz

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Yes.
http://www.atg.wa.gov/ago-opinions/arrest-misdemeanor-citizen-officer

Note: vehicle theft is a felony.
http://app.leg.wa.gov/RCW/default.aspx?cite=9A.56.065




Because vehicle theft is a felony, you have the right to use force - but not deadly force.
http://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.020

If during the arrest, the perpetrator resists the use of force and resists the arrest to the point that the arresting citizen finds themselves in immediate danger of grave bodily injury or death, then the arresting citizen has the right to use deadly force in defense.
http://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.050

So, to effect some arrests, if the felon is running away, you chase after him and attack him with your fists, and if he hits back, you have the right to use your firearm?

It seems like, on your theory, either no one has the right to use a firearm during a citizen's arrest, or the conditions of using it make difficult if not unreasonable to do so.
 

davidmcbeth

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Of course, another aspect to consider is the legal liability from conducting a citizen's arrest. This too varies by state.
 

Grapeshot

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Gentlemen (ladies too) this thread pertains to circumstances and laws in the Washington sub-forum.

All other comments/replies are off-topic and tend to derail the thread. Please stay on-topic.
 

Difdi

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sorry how can a citizen use force again w/o a nice LE giving permission/direction?

Are you seriously of the belief that use of force in self defense against a felony being committed against you is only lawful if a police officer orders you to do so?

Um, why are you even here, if you believe that? Or do you merely wear an unloaded firearm as a fashion statement?

RCW 9A.16.020
Use of force—When lawful.
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

Hmm. That clause seems rather odd for a state where citizen's arrest is imaginary. After all, how would a non-peace officer ever make such an arrest prior to delivering the criminal to a public officer, if only such an officer can make an arrest?
 

zaitz

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Are you seriously of the belief that use of force in self defense against a felony being committed against you is only lawful if a police officer orders you to do so?

Um, why are you even here, if you believe that? Or do you merely wear an unloaded firearm as a fashion statement?



Hmm. That clause seems rather odd for a state where citizen's arrest is imaginary. After all, how would a non-peace officer ever make such an arrest prior to delivering the criminal to a public officer, if only such an officer can make an arrest?

although Solus seems to not be aware of it, Washington state has a long and healthy common law tradition of citizen arrest, a practice recognized by court decisions and by a Wash state AG opinion, to even include the right of a shopkeeper, clerk or other authorized person to arrest shoplifters from their stores.

Part of the confusion of solus may or may not arise from the fact that, unlike some other states, Washington does not have a separate section of the code labelled citizens arrest, etc.
 

OC for ME

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Not trying to go off topic...is WA the only state that does not make "mutual combat" unlawful? If this is true then it seems consistent in WA law that a mere civilian could effect a arrest of a felon that is caught in the act felon-izing said civilian.
 

solus

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although Solus seems to not be aware of it, Washington state has a long and healthy common law tradition of citizen arrest, a practice recognized by court decisions and by a Wash state AG opinion, to even include the right of a shopkeeper, clerk or other authorized person to arrest shoplifters from their stores.

Part of the confusion of solus may or may not arise from the fact that, unlike some other states, Washington does not have a separate section of the code labelled citizens arrest, etc.

thank you z for pinging off my previously provided cites to keep you up on the 1957 AG opinion to the court's direct request for their opinion because RCW lack specific Citizen Arrest statutes!!! yes , z two cases is a long and healthy legal tradition...

i have no confusion z because of a lack of specific statutes, the good citizens of the Evergreen state are left at the mercy of the DA's discretion/interpretation which translates z into the good citizens spending $$$$$ and time and probably incarceration while a decision is made on the status of the citizen's 'use of force in their citizen's arrest situation.

so for example z because in your mistaken belief someone you believe is breaking into a car or in your opinion someone is committing a felony (which i am sure you have memorized the minutia of what constitutes a felony in the state) and you step up attempt to save the PROPERTY and attack someone using your knife, or deadly force or severe fisticuffs. strictly cuz you know they are committing a felony and didn't want them to get away.

now, in the above scenario...guess who is going to jail? the individual you believe is committing the felony and who is has not threatened anyone with bodily injury or death, or the savant who attacked using up to deadly force to save property?

i have confusion...ok you may holde that belief....but have you read your latest post?

ipse
 

Difdi

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although Solus seems to not be aware of it, Washington state has a long and healthy common law tradition of citizen arrest, a practice recognized by court decisions and by a Wash state AG opinion, to even include the right of a shopkeeper, clerk or other authorized person to arrest shoplifters from their stores.

Part of the confusion of solus may or may not arise from the fact that, unlike some other states, Washington does not have a separate section of the code labelled citizens arrest, etc.

Washington state law operates under the principle that anything not forbidden by law is legal. Some people are profoundly uncomfortable with that concept, and choose to believe that anything not explicitly allowed by statute must be illegal instead. I'm familiar with the phenomenon.

In the absence of a statute explicitly authorizing citizen's arrest and any statute or case law explicitly forbidding it, citizen's arrest would be legal under Washington state law.

so for example z because in your mistaken belief someone you believe is breaking into a car or in your opinion someone is committing a felony (which i am sure you have memorized the minutia of what constitutes a felony in the state) and you step up attempt to save the PROPERTY and attack someone using your knife, or deadly force or severe fisticuffs. strictly cuz you know they are committing a felony and didn't want them to get away.

now, in the above scenario...guess who is going to jail? the individual you believe is committing the felony and who is has not threatened anyone with bodily injury or death, or the savant who attacked using up to deadly force to save property?

I really don't understand you. You insist that theft of property cannot be a felony and therefore use of force is not justified. And yet, state law disagrees with you -- RCW 9A.56.065 defines theft of a motor vehicle to be a class B felony. Theft of property when the owner is present is defined by RCW 9A.56.190 to be robbery when the property is taken in the owner's presence with threat or use of violence. Spraying something at someone is a violent act. RCW 9A.56.210 defines even unarmed robbery to be a class B felony.

If the spray used is a noxious chemical -- a somewhat vague definition, but including urine, contaminated water, hair spray, pepper spray and many other things -- it constitutes second degree assault (RCW 9A.36.021), which is a class B felony. If it's not a noxious chemical, it is still a weapon which is third degree assault (RCW 9A.36.031), a class C felony.

Then there is RCW 9A.16.050 which specifies that deadly force is lawful when used "In the actual resistance of an attempt to commit a felony upon the slayer" to quote directly from the statute.

With the criminal committing at least two separate felonies upon the victim, if I had to guess who would go to jail if deadly force is used, I'd have to guess that it would be the car thief. Assuming he survived, anyway.
 

solus

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Washington state law operates under the principle that anything not forbidden by law is legal. Some people are profoundly uncomfortable with that concept, and choose to believe that anything not explicitly allowed by statute must be illegal instead. I'm familiar with the phenomenon.
In the absence of a statute explicitly authorizing citizen's arrest and any statute or case law explicitly forbidding it, citizen's arrest would be legal under Washington state law.
I really don't understand you. 1) You insist that theft of property cannot be a felony and therefore use of force is not justified. And yet, state law disagrees with you -- RCW 9A.56.065 defines theft of a motor vehicle to be a class B felony. Theft of property when the owner is present is defined by RCW 9A.56.190 to be robbery when the property is taken in the owner's presence with threat or use of violence. Spraying something at someone is a violent act. RCW 9A.56.210 defines even unarmed robbery to be a class B felony.
If the spray used is a noxious chemical -- a somewhat vague definition, but including urine, contaminated water, hair spray, pepper spray and many other things -- it constitutes second degree assault (RCW 9A.36.021), which is a class B felony. If it's not a noxious chemical, it is still a weapon which is third degree assault (RCW 9A.36.031), a class C felony.
Then there is RCW 9A.16.050 which specifies that deadly force is lawful when used "In the actual resistance of an attempt to commit a felony upon the slayer" to quote directly from the statute.

With the criminal committing at least two separate felonies upon the victim, if I had to guess who would go to jail if deadly force is used, I'd have to guess that it would be the car thief. Assuming he survived, anyway.

sorry difdi, never stated what is bolded behind your 1)...therefore please stay on track..my comment centered around use of deadly force to stop the theft of property w/o the property owner being under threat of grave bodily injury or death.

you have had the spray analyzed and know it was noxious chemical?

additionally, you can not chase down the bad guy who has withdrawn and running away and chase them so you can shoot them! besides being bad form, it is illegal!
9A.16.020
Use of force—When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

9A.16.040
Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
(1) Homicide or the use of deadly force is justifiable in the following cases:
(a) When a public officer is acting in obedience to the judgment of a competent court; or
(b) When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty.
(c) When necessarily used by a peace officer or person acting under the officer's command and in the officer's aid:
(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;

difdi, et al., you folks have no citizens arrest in Washington state. period!!

kill someone using deadly force to stop the theft of property w/o any threat of serious bodily harm or death to yourself or another and you will be tried for a homicide . now if the nice DA wishes to go for justifiable the terms are identified above, but it doesn't meet RCW 9A.16.040 criteria; especially with the RCW defining the term necessarily's so succinctly.

i originally pulled from a cite on citizens arrest which stated there were no statutes. the kind folk have kluged statutes which they believe allow them to accomplish a citizens arrest capability...sorry, i go back to my premise i initially stated...engage in your citizen's arrest activities as well as the use of deadly force to preclude the theft of property...i will visit ya'll.

ipse
 
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solus

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1) Past attorney generals of Washington State and Washington State Courts would disagree with that statement. But - oh well, no skin off my nose if you don't believe it.

Oh, and the Washington State Department of Licensing disagrees with that statement as well:
2) http://www.dol.wa.gov/business/securityguards/docs/citizenarrest1.pdf


3) http://blog.seattlepi.com/seattle911/2008/12/30/can-people-really-make-a-citizens-arrest/


4) http://www.khq.com/story/15227317/laws-for-making-a-citizens-arrest

1. you have a 1957 court requested opinion of from the AG...
2) quote from your own cite: quote: While Washington has no statute concerning citizen’s arrests generally.... unquote
3) i find it interesting the kind folks on the forum consistently state do not ask the nice LE for advice, yet interestingly here is a cite where the nice LE didn't provide any type of cite or statute to reference and basically said don't..
4) quote: While the altercation (my add: drug deal which went sour) occurred, one man, who happened to be legally armed with his own weapon and a set of handcuffs,.. The citizen making the arrest did fire off one shot, but missed. Urquhart says the citizen handled the situation within the legal process, although, it's not technically called a "citizens' arrest." unquote
http://mynorthwest.com/11/527402/New-details-of-Skyway-shooting-that-leads-to-citizens-arrest

solus post 4/4/16 0951: quote: as stated previously...can you find a RCW defining citizens arrest and the parameters surrounding invoking such a activity?

abridged quote: Washington (Official Source Unavailable) We could not find an official Washington citizen’s arrest statute. We called their legislative information center, and their law library, and both informed us that the statute does not exist. A 2005 report from the Department of Licensing confirms this. (Commander your number 2 above) http://www.solutions-institute.org/t...laws-by-state/


thanks.
ipse
unquote

my bloody statement stands, and folks keep throwing the cites i initially provided for my statement back at me, but there is NO Citizen's Arrest statute in the RCW.

ipse
 
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solus

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1) Quote Originally Posted by solus View Postmy bloody statement stands, and folks keep throwing the cites i initially provided for my statement back at me, but there is NO Citizen's Arrest statute in the RCW.
ipse unquote

That wasn't your bloody statement now was it solus?!? What you stated was:

2) Quote Originally Posted by solus View Post
difdi, et al., you folks have no citizens arrest in Washington state. period!! unquote

Well, guess what... we don't have an open carry statute in Washington state either.... so, according to you then "you folks have no open carry in Washington state. period!!" Right? Because, apparently, common law means nothing to you...and the fundamental principle upon which the American legal system is built, "That which is not prohibited is legal."

commander, terribly sorry to point out a minor problem in your post quoted above...
1) was post 38 was as i stated in the post you are upset about, as well as the original inquiry.
2) was post 59 directed specifically to DIFDI's post 58

and i find it fascinating you posted 4 cites (two i previously posted) establishing your position, and even the WA DOL cite says there is no statute...the last one where the nice gentleman just happened & conveniently had a pair of handcuffs with him (i know he was going to BYOHandcuffs bondage party in the neighbourhood) but the way the news article portrayed the individual he was not a private citizen who just happened to be CC/OC'g.

you can attempt to change the subject to whatever subject you feel is necessary to make whatever analogy you, again, feel is necessary...but...

fact remains...my statement apparently stands...as does my premise to protect property or interject yourself into a felonous situation w/o you or your loved ones being in dire risk of grave bodily injury or under the threat of death is fool hardy.

but as the bloke from UT states....we're gotta be trained to have a firearm, so i guess you folk are free to stop crime at will!!

ipse
 

solus

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http://www.dol.wa.gov/business/securityguards/docs/citizenarrest1.pdf

I suggest you read the above CAREFULLY. Then start reading between the lines.....Lets just say that a judge cannot order someone to place themselves in harms way. Also, false imprisonment is a crime. I'm just say'n.....

i suppose the next time i am hanging out with my closest and dearest pals who are district court judges i will avail myself to their 'direction' to arrest the individuals who have caused his ire.

tho i sat in front a a Superior court judge last Friday at a United Way fund raiser ~ vaudeville themed variety show. kute...all i'm saying...tho the Swanee sung by a young theatrical student was the highlight in my humble observation.

ipse

added: 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.

just saying about common law..
 
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Difdi

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sorry difdi, never stated what is bolded behind your 1)...therefore please stay on track..my comment centered around use of deadly force to stop the theft of property w/o the property owner being under threat of grave bodily injury or death.

There is no requirement in Washington state law for imminent threat of grave bodily injury or death. State law permits deadly force to directly resist the commission of a felony. Your argument fails.

you have had the spray analyzed and know it was noxious chemical?

No state in the nation requires that you be already dead or dying before you begin to defend yourself. The reasonable belief that you are in danger is sufficient to justify use of force in self defense. Since it would be insane to spray pure distilled water at someone to stop them from stopping you from stealing a car, believing that the spray is a noxious chemical is therefore reasonable. Your argument fails.

additionally, you can not chase down the bad guy who has withdrawn and running away and chase them so you can shoot them! besides being bad form, it is illegal!
9A.16.020
Use of force—When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

9A.16.040
Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
(1) Homicide or the use of deadly force is justifiable in the following cases:
(a) When a public officer is acting in obedience to the judgment of a competent court; or
(b) When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty.
(c) When necessarily used by a peace officer or person acting under the officer's command and in the officer's aid:
(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;

Since we're not discussing hunting someone down and murdering them here, but merely whether it is justified use of force to resist a car thief in the act of stealing a car, your argument is irrelevant. And it therefore fails.

difdi, et al., you folks have no citizens arrest in Washington state. period!!

North Carolina is the only state in the nation that completely lacks any sort of citizen's arrest. All 49 other states have at least some circumstances where a citizen's arrest is legal. Washington has no law prohibiting citizen's arrest, and since Washington's state laws -- without exception -- operate under the principle that anything not explicitly prohibited is lawful, your argument fails.

kill someone using deadly force to stop the theft of property w/o any threat of serious bodily harm or death to yourself or another and you will be tried for a homicide . now if the nice DA wishes to go for justifiable the terms are identified above, but it doesn't meet RCW 9A.16.040 criteria; especially with the RCW defining the term necessarily's so succinctly.

Yes, you will be tried for homicide. And then you will be acquitted. Self-defense is an affirmative defense, Solus. It always has been. Under Washington state law, deadly force is lawful for self defense purposes when resisting a felony. Why is this so utterly impossible for you to get your head around?

i originally pulled from a cite on citizens arrest which stated there were no statutes. the kind folk have kluged statutes which they believe allow them to accomplish a citizens arrest capability...sorry, i go back to my premise i initially stated...engage in your citizen's arrest activities as well as the use of deadly force to preclude the theft of property...i will visit ya'll.

I get that you are profoundly uncomfortable with the idea that you don't need Official Permission to do something, but the fact is that's exactly how laws work in the United States. Anything not explicitly forbidden by statute is allowed here. Some states have more laws than others -- east coast states have been around longer, after all -- but it's really not rocket science. If you are correct that citizen's arrest is illegal in Washington, then you can certainly point to the statute that says so, right?
 
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solus

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There is no requirement in Washington state law for imminent threat of grave bodily injury or death. State law permits deadly force to directly resist the commission of a felony. Your argument fails.

IPSE:please provide a cite of RCW stating that.

No state in the nation requires that you be already dead or dying before you begin to defend yourself. The reasonable belief that you are in danger is sufficient to justify use of force in self defense. Since it would be insane to spray pure distilled water at someone to stop them from stopping you from stealing a car, believing that the spray is a noxious chemical is therefore reasonable. Your argument fails.

IPSE: and yet so many BGs use toy guns...insanely to be sure...

Since we're not discussing hunting someone down and murdering them here, but merely whether it is justified use of force to resist a car thief in the act of stealing a car, your argument is irrelevant. And it therefore fails.

IPSE: did you intentionally fail to put in the word "deadly" in your statement? if it is justified...RCW cite please.

North Carolina is the only state in the nation that completely lacks any sort of citizen's arrest. All 49 other states have at least some circumstances where a citizen's arrest is legal. Washington has no law prohibiting citizen's arrest, and since Washington's state laws -- without exception -- operate under the principle that anything not explicitly prohibited is lawful, your argument fails.

IPSE: the RCW code referencing use of deadly force in WA state has been discussed, to reiterate once again:
9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

Yes, you will be tried for homicide. And then you will be acquitted. Self-defense is an affirmative defense, Solus. It always has been. Under Washington state law, deadly force is lawful for self defense purposes when resisting a felony. Why is this so utterly impossible for you to get your head around?

IPSE: i stated, killing/wounding/maiming someone in self defence is different significantly judicially than using deadly force by killing someone to preclude theft of your property especially since 9a.16.010 defines necessary....oh and yes, OJ was found not guilty after a year long trial then found guild in civil court...

I get that you are profoundly uncomfortable with the idea that you don't need Official Permission to do something, but the fact is that's exactly how laws work in the United States. Anything not explicitly forbidden by statute is allowed here. Some states have more laws than others -- east coast states have been around longer, after all -- but it's really not rocket science. If you are correct that citizen's arrest is illegal in Washington, then you can certainly point to the statute that says so, right?

you may project all you want to what you believe is my comfort level is towards a great many things...so i will end this by saying you are are unequivocally right Difdi, but just remember those that read what you pontificate out here on this public forum, who just might not be able to discern the nuances of your blanket statements to use deadly force to defend their property or grasp the term 'necessary force' as defined by state statue ~ without knowing nor understanding the judicial consequences...

so yes, difdi...please continue advocating individuals use deadly force to stop theft of property or other 'felonies' from occurring when they are under no threat whatsoever to be killed or subjected to grave bodily injury as well as continue advocating quote: Yes, you will be tried for homicide. And then you will be acquitted. unquote where there is no dire threat against the person stopping the theft or the felony.

then act surprised when they get judicially jam'd up with an exclamation stating ~ the DA can't do that!!! oh, i'm sorry...isn't there a thread out on the WA side of the house talking about an individual having their gun taken away & who must petition the courts to get possession of it back ~ even tho they weren't charged with a crime? Wait was that you Difdi, screaming in anguish now... WAIT THE COURTS CAN'T DO THAT...they did Difdi and w/o state or case law to hang a hat on.

please remember, my initial statement, after i pointed out a cite which stated & as collaborated by WA's DOL, there is no RCW regarding citizen's arrest.

ipse
 
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Difdi

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Inserting your reply comments into the quoted text to make it difficult to respond to you, Solus? How utterly "clever" of you. If you need to pull tricks like that to win an argument, it simply makes it more clear that your argument fails.

IPSElease provide a cite of RCW stating that.

Citations of that have already been provided, and you ignored them. Simply googling for it with the acronym RCW and the statute number will pull up the full text. But since you apparently disregarded it as an invalid citation before:

RCW 9A.16.050
Homicide—By other person—When justifiable.

Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

IPSE: and yet so many BGs use toy guns...insanely to be sure...

I'm not sure what the relevance of this is, Solus. Please explain and/or provide a citation?

IPSE: did you intentionally fail to put in the word "deadly" in your statement? if it is justified...RCW cite please.

I didn't need to include the word deadly, since it was obvious what I was talking about. It only becomes non-obvious when you separate that sentence from the rest of the post. Other people in this thread have already cited the law -- and you ignored it. Why do you keep asking for citations that have already been made? But just in case you'll read it this time:

RCW 9A.56.065
Theft of motor vehicle.
(1) A person is guilty of theft of a motor vehicle if he or she commits theft of a motor vehicle.
(2) Theft of a motor vehicle is a class B felony.

IPSE: the RCW code referencing use of deadly force in WA state has been discussed, to reiterate once again:
9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

Note the words 'reasonably effective'. What would you consider to be a reasonably effective method other than force to prevent someone from stealing your car right in front of the owner? Once they have drawn and used a weapon to prevent the car owner's interference, what would you consider to be a 'reasonably effective' method to prevent the theft other than use of force?

IPSE: i stated, killing/wounding/maiming someone in self defence is different significantly judicially than using deadly force by killing someone to preclude theft of your property especially since 9a.16.010 defines necessary....oh and yes, OJ was found not guilty after a year long trial then found guild in civil court...

And yet, despite people posting citations that illustrate that you are flat out wrong about this, you still persist in this. In Washington state, the victim of a felony is allowed to use force in resisting the felony. If deadly force is necessary to resist the felony, then deadly force is lawful.

you may project all you want to what you believe is my comfort level is towards a great many things...so i will end this by saying you are are unequivocally right Difdi, but just remember those that read what you pontificate out here on this public forum, who just might not be able to discern the nuances of your blanket statements to use deadly force to defend their property or grasp the term 'necessary force' as defined by state statue ~ without knowing nor understanding the judicial consequences...

Pontificate? You pontificated first, so why exactly do you say that as if it were a bad thing? If it is a bad thing, wouldn't that mean you were not only wrong too, but wrong first?

I cited the law, in a state where laws that have meanings other than the plain English meaning are null and void. Where in that did I make a blanket statement about the law, without nuances? The only blanket statement I've made is that you are mistaken about what the law says. And that part is simply true, no nuances required.

so yes, difdi...please continue advocating individuals use deadly force to stop theft of property or other 'felonies' from occurring when they are under no threat whatsoever to be killed or subjected to grave bodily injury as well as continue advocating quote: Yes, you will be tried for homicide. And then you will be acquitted. unquote where there is no dire threat against the person stopping the theft or the felony.

So yes, solus, please continue advocating that individuals not obey the law because you don't understand the law. No, wait, don't do that. All I've advocated here is that people obey the law. Your descent into passive-aggression doesn't change that.

then act surprised when they get judicially jam'd up with an exclamation stating ~ the DA can't do that!!! oh, i'm sorry...isn't there a thread out on the WA side of the house talking about an individual having their gun taken away & who must petition the courts to get possession of it back ~ even tho they weren't charged with a crime? Wait was that you Difdi, screaming in anguish now... WAIT THE COURTS CAN'T DO THAT...they did Difdi and w/o state or case law to hang a hat on.

Wow. Just...wow. Words fail me. Why must you tell such transparent lies, when all anyone must do to see they are lies is scroll up?

please remember, my initial statement, after i pointed out a cite which stated & as collaborated by WA's DOL, there is no RCW regarding citizen's arrest.

No, there is no RCW. That's the entire point here. There is no law saying citizen's arrest exists in Washington. Yes, we knew that before you pointed it out. But that's also the key issue that keeps evading your comprehension: You can't find any law prohibiting it, or you'd have been able to cite it by now. Despite your profound discomfort at living in a country that values freedom, the fact remains that anything not explicitly prohibited by statute is lawful. If there is no law in Washington prohibiting a citizen's arrest, then the matter defaults to common law which absolutely DOES permit citizen's arrest.
 
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Difdi

Regular Member
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Mar 2, 2010
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987
Location
Seattle, Washington, USA
The problem that I have had with citizens arrest is that the LAC is w/o qualified immunity that a LEO or government official would normally have.
https://leb.fbi.gov/2012/september/qualified-immunity-how-it-protects-law-enforcement-officers

I can see circustances where one might put their retirement account and their child's college fund at serious risk.

True. But the thread isn't entirely about citizen's arrest, but also about self defense in Washington. The law is pretty clear on that, at least.
 
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