Citizens Arrest/Detainment

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This discussion is also being had here - http://opencarry.mywowbb.com/forum65/13975.html

I'd like to see if we could pull some laws together so we can get a clear look at what LA Law says about this.

I personally hope I never have to detain anyone, but I'd at least like to get straight what is right/wrong about it.

Maybe our new member Pro OC Cop can shed some light.

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CCRP Art. 214 Arrest by private person; when lawful

[align=justify]Art. 214. Arrest by private person; when lawful [/align]
[align=justify]A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.[/align]

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Now let's apply that with a firearm.



List of Felonies;
Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, kidnapping and fraud.

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RS 14:2
Definitions

[align=justify]§2. Definitions[/align]
[align=justify]A. In this Code the terms enumerated shall have the designated meanings:[/align]
[align=justify](4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.[/align]

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That's the challenge. Unless you're toting around a current copy of LRS, you'd better be damned sure you know what you're doing. Obviously, armed robbery, rape, etc is a no-brainer, but other areas you may want to brush up on.
In the event it's a cop who's violating someone, you can always go back later and effect an arrest, which is something that needs to start happening in Louisiana, badly.

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mark edward marchiafava wrote:

That's the challenge. Unless you're toting around a current copy of LRS, you'd better be damned sure you know what you're doing. Obviously, armed robbery, rape, etc is a no-brainer, but other areas you may want to brush up on.
In the event it's a cop who's violating someone, you can always go back later and effect an arrest, which is something that needs to start happening in Louisiana, badly.

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Yea I hear you on that.

But are there any stipulation when doing so with a weapon is my concern.

As in We never plan to draw, unless we also intend to fire. So are there any Brandishing stipulation of concern here, or what ?

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Very good question, one I would like to know the answer to, myself.
If someone were to arrest a rogue cop, you know they're going to come after you with everything they can.
Why don't you put that very question to your local DA ? I always love to hear gubbinment folk try to weasle around the law when it applies to one of their own.

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Pretty much the same stuff applies as always- force escalation, reasonable belief, etc.

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Also, if you want more specific info on arrest procedures and the like, you can order the Louisiana Law Enforcement Handbook from the Louisiana District Attorneys Association web site for like $7.00. They will mail it to you, and it outlines the things LEOs are supposed to know. Good resource, not perfect, but educational.

http://www.ldaa.org/pubs/publications.html

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But a lot of good that does if cops don't read it/don't follow it.

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Mark, you know I love you man, and I hate the government as much as you do, but it is harder to win people over to your side when being so frequently abrasive.

Not an admonition or advice, just an observation.

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Unlike most, I am not trying to win anyone over to anything.
If you study history, especially American history, when it comes time to do what needs to be done, that's always been done by a minority. Today is no different. If you're waiting on a majority to side with you, well, you're in for a long, long wait.
I'm rather glad the folks at Lexington and Concord weren't concerned with offending the loyalists and the Redcoats, aren't you?

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mark edward marchiafava wrote:

Unlike most, I am not trying to win anyone over to anything.
If you study history, especially American history, when it comes time to do what needs to be done, that's always been done by a minority. Today is no different. If you're waiting on a majority to side with you, well, you're in for a long, long wait.
I'm rather glad the folks at Lexington and Concord weren't concerned with offending the loyalists and the Redcoats, aren't you?

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Mark,

There is a site that is better suited for your anti cop views. Try checking out www.copwatch.net I know that I am new here, but I don't believe that all of your cop hating smear belongs here. You are driving a wedge betweenlaw abiding OC citizens and LE every time you post. I was hesitant to join after I read numerous posts by you, but I decided to join anyway, however I don't believe that many other cops would sign up here and read your constant anti LE rants. And in my opinion, you are better off trying to educate the cops on the fact that OC is legal, than you are trying to create a confortation with them so you can become involved with another lawsuit.

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My posts are not so much views, but true accounts of firsthand encounters with criminals both IN and OUT of uniform. No, I'm not sorry if that offends you. I'm familiar with that site and many others. May I suggest you carry your arse on over to officer.com?
I'm not smearing anyone. If the truth offends, so be it. Accept it, get over it.
I find it rather ironic you refer to "law abiding OC citizens," but you don't use the words "law abiding" to describe law enforcement. Maybe it's because the law enforcement folks I mention aren't Is that it?
Like most of your ilk, you refer to truthful accounts as rants. Whoever trained you, trained you to their way of thinking.
Funny you should suggest I try to educate the cops. Last time I did that, I was treated to the predictable response: show of force, guns in my face (and my daughter's faces, too, I might add) handcuffs, trip to the parish prison. If it's one thing I've learned, most "law enforcement officers" (note: I didn't call them peace officers, as they aren't) just can't/won't admit citizens CAN teach them anything. Instead of saying "thank you for teaching me something I should already know," they intentionally arrest you, knowing you've committed no crime.
Involved with another lawsuit? LOL, you missed your calling, ever considered stand up comedy? When your goonsquad buddies in Gonzales carted me off, I tried and tried to teach them I was breaking NO laws, there's NO need to book me, but, in true cop form, they just wouldn't listen. Sound familiar? Had the "authorities" in Louisiana enforced the CRIMINAL laws, there would have been NO civil lawsuit.
Who's smearing who?

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There is always officer.com. Remember who are the mailed fist of our government.

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Evening, Doug !!
Now that Gonzales had to pay me, a newspaper reporter contacted the chief. Seems the chief STILL refuses to talk about the criminal actions of his "men." At least he's not claiming "pending litigation" as an excuse. Now, there is no excuse.

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As was taught to me, if you do something like this, then YOU ARE TAKING FULL RESPONSIBILTY for the situation. Which means that you could be sued or questioned if there is a debate on whether you acted accordingly. With that said, you could put yourself at risk in some instances, however I would really doubt that an officer would procecute you if you helped him do his job. However I have seen some jerk police officers and they have clearly told me "to leave the scene if you are not involved".

Just be careful and know exactly what you are doing, and stick to your statements, andgive a good alibyabout why you did what you did, like "I feared for my life, or someone else life, therefore I felt the need to detain this person because of this".

It's like my instructor said, "alot of getting out of situations such as this is to use the right wording to the police officers, courts and attorney's". My advice is to use good judgement and be smart! Good luck!

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Reasonable advice.

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I'm glad you guys have this thread. I was just about to make a thread asking some questions about this.

I was wanting to find out if this would be OK on my part.

My little brother went to a party at someones house one night where the dad allowed the high school kids to drink and smoke weed.

Now the cops normally come to the parties and really don't say much about the kids drinking and they don't ever catch the ones smoking weed.

Now here is where is gets bad in my opinion.

While the party is going on, the dad decides to come out side with his gun and starts firing in the air for the hell of it.

He told the kids it was blanks but we all know it was not blanks.

Now this same kid is having a party tonight! I will be going to it this time to see what all goes on at this party.

If the dad decides to come outside and start firing his weapon like a mad man, would a citizens arrest be 100% legal and would I be in any type of trouble if I pull my weapon to detain the situation?

In my eyes, he was putting everyone's lives in danger.

Would I be OK if I were to do this if it occurs tonight?

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First off, you can only legally arrest someone for felonies as a regular citizen.

Second off, calling the cops is always better if you can. A citizens arrest is best utilized only in emergencies and when it is absolutely necessary.

I would say don't do it.