Lawsuits and settlements

imported post

http://www.legalaffairs.org/issues/July-August-2004/termsofart_marsh_julaug04.msp

"The District of Columbia and states such as Virginia and Louisiana limit citizen's arrests to felony-level crimes only, but other states, such as California, permit a private person to make an arrest for a misdemeanor, so long as it's been committed in his presence. "



One of my sources. I've read it several other places, and I'll try to track them down. Thanks for posting that court case. That's very interesting.

imported post

dng wrote:

http://www.legalaffairs.org/issues/July-August-2004/termsofart_marsh_julaug04.msp

"The District of Columbia and states such as Virginia and Louisiana limit citizen's arrests to felony-level crimes only, but other states, such as California, permit a private person to make an arrest for a misdemeanor, so long as it's been committed in his presence. "

One of my sources. I've read it several other places, and I'll try to track them down. Thanks for posting that court case. That's very interesting.

Click to expand...

The only source of state law that counts is the highest court of each state.

imported post

Mike wrote:

dng wrote:

http://www.legalaffairs.org/issues/July-August-2004/termsofart_marsh_julaug04.msp

"The District of Columbia and states such as Virginia and Louisiana limit citizen's arrests to felony-level crimes only, but other states, such as California, permit a private person to make an arrest for a misdemeanor, so long as it's been committed in his presence. "

One of my sources. I've read it several other places, and I'll try to track them down. Thanks for posting that court case. That's very interesting.

Click to expand...

The only source of state law that counts is the highest court of each state.

Click to expand...

Does this mean we can ignore that pesky General Assembly?

imported post

Here is my take on this matter, having used the services of an attorney once in Olympia, and am in the process of preparing and filing a claim in another area.

In Olympia because the officers had not yet been fully trained on the matter (but were aware of the legalities of OC) and because OPD was SLOWLY cooperating, they got a very nasty letter that made it abundantly plain what would happen if there were any more problems with OC. No more problems AND the dispatch (which was half the problem and services all of Thurston County) was also trained on the matter.

In Seattle, the cops have been trained on the matter, they know what is going on, etc... same attorney but is preparing a claim. I won't go into details but part of the process is to try and compell SPD to do better training.

imported post

Citizen wrote:

Mike wrote:

dng wrote:

http://www.legalaffairs.org/issues/July-August-2004/termsofart_marsh_julaug04.msp

"The District of Columbia and states such as Virginia and Louisiana limit citizen's arrests to felony-level crimes only, but other states, such as California, permit a private person to make an arrest for a misdemeanor, so long as it's been committed in his presence. "

One of my sources. I've read it several other places, and I'll try to track them down. Thanks for posting that court case. That's very interesting.

Click to expand...

The only source of state law that counts is the highest court of each state.

Click to expand...

Does this mean we can ignore that pesky General Assembly?

Click to expand...

The legislature writes the text of statutes and can, where it clearly makes plain it is doing so, abrogate the common law. But the courts tell us what the law "is."