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Thread: Citizen arrest

  1. #1
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    Making this arrest is a thing of the past from what i hear.what is youradvice on this?

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    Nobody can give you "advice" on this without taking on some legal responsibility.

    In most states.... it is actually illegal to give legal advice and this would probably be covered..

    However..... Being armed and coming into contact with someone that needs to be stopped is a tricky situation.

    You better be sure you know what is going on and that a law was broken. If someone claims a crime happened and you jack someone up and hold them at gun point..... YOU could be charged with Abduction, Brandishing, and other charges.

    Most off duty cops are "good witnesses" and do not get personallyinvolved. About the only time they do is if they need to stop someone from getting hurt or killed. This can clearly be identified by most anyone... citizens included.




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    05 chopper wrote:
    When open carry i was told in Wyoming you cannot make this arrest or with a concealed firearm permit what is youradvice on this?
    I wouldn't touch that with a 10' pole, You'll either get yourself shot, and possibly with your own gun, or a good lawyer will make you out to be the attacker,Short of stopping an execution, or fatalities in the middle of a robery, I'll be content to keep my family and myself safe and serve as a witness.. I'm gonna go out on a limb and say most LEO's and courts have little use for Vigilantes.

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    Best advice is to observe unless there is danger to you or another's life.

    No need for heroics that MAY be questioned.

  5. #5
    Campaign Veteran skidmark's Avatar
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    05 chopper wrote:
    When open carry i was told in Wyoming you cannot make this arrest or with a concealed firearm permit what is youradvice on this?
    My advice on this is

    1) Welcome to OCDO!:celebrate Hope you will tell us a little about yourself and how/why you got here.

    2) use the search function - it's up at the top of every page

    3) post state-specific issues in the separate forum for that specific state

    4) learn how/where to look up your state laws yourself, and to understand what you read.

    As for your question, which seems a bit confused, I will try to answer at least a part of it. Your CFP is not a license to act like a cop or anything/anybody else, so merely possessing it gives you no law enforcement authority. http://michie.lexisnexis.com/wyoming...;fn=main-h.htm

    You will have to do some searching in the Wyoming Statuteshttp://michie.lexisnexis.com/wyoming...;fn=main-h.htmand then find a source of case law information on "citizen arrest".

    Please let us know what your conclusions are.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  6. #6
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    Carnivore wrote:
    05 chopper wrote:
    When open carry i was told in Wyoming you cannot make this arrest or with a concealed firearm permit what is youradvice on this?
    I wouldn't touch that with a 10' pole, You'll either get yourself shot, and possibly with your own gun, or a good lawyer will make you out to be the attacker,Short of stopping an execution, or fatalities in the middle of a robery, I'll be content to keep my family and myself safe and serve as a witness.. I'm gonna go out on a limb and say most LEO's and courts have little use for Vigilantes.
    I agree with your point of view Carnivore but, a citizens arrest is NOT the same thing as being a vigilante....

    http://en.wikipedia.org/wiki/Vigilante

    ***
    A vigilante is a person who ignores due process of law and enacts their own form of justice in response to a perception of insufficient response by the authorities.***

    A citizens arrest, if a legal arrest, is as much a part of "due process" as an arrest made by an LEO.

    As for advice for the OP...I think skidmark did very well


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    I've only seen one citizens arrestand that's when Gomer saw Barney make an illegal U-turn. Gomer chased after him shouting, "citizens arrest,citizens arrest!"

  8. #8
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    When I was reading about these issues in Georgia, it seemed to be the case that:

    1. The power of citizens arrest did in fact exist, but this basically meant that someone could hold another person caught red-handed in a violent felony until the police arrived.

    2. Misdemeanors and non-violent felonies were not covered by citizens arrest. It was necessary to have actually seen the felonious act. This is basically a repeat of point 1.

    3. The courts took a rather strict view of it, and if there was any doubt whatever, citizens arrest was a bad idea. Attempting a "citizens arrest" when it wasn't clearly allowed would subject the "arresting" citizen to criminal penalties.

    4. Citizens arrest had nothing whatsoever to do with a carry permit. To the degree that the arrest was legal, it was legal with or without a permit.

    The legal situation is probably different from state to state and may have changed over time.

    The laws relating to arrest can be complicated even for LEOs. The bottom line is that unless you are a sworn law enforcement officer, even thinking about citizens arrest should be the exception rather than the rule.

    IANAL, etc. That's just what I read at that time and place.

    +1 to skidmark, btw.

    regards,

    GR

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    Dating ourselves are we

    MSgt G wrote:
    I've only seen one citizens arrestand that's when Gomer saw Barney make an illegal U-turn. Gomer chased after him shouting, "citizens arrest,citizens arrest!"

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    There is nothing 'queer' in that, is there? Some of us are too old...

  11. #11
    Regular Member ChinChin's Avatar
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    05 chopper wrote:
    When open carry i was told in Wyoming you cannot make this arrest or with a concealed firearm permit what is youradvice on this?
    only you can decide if its warranted or not. Well. . .you and the 12 who will be seated to adjudicate you; but that's neither here nor there.

    A survival forum I frequent has a saying about personal responsibility. Their collected view is that you are responsible for yourself and as an extension your family. the government on a state and federal level won't be there to help you. Local police have no duty to protect you, the only person who you can depend upon at a moment’s notice is yourself. You've opted to maximize your ability to have that ability to defend yourself vis a vie the carry of a firearm.

    If somebody else has not opted to exercise that right and they get robbed, assaulted, etc. then it was their option not to have the ability to defend their self. Why should I endanger my own life and risk criminal and/or civil prosecution to defend the life and/or safety of somebody not willing to take the minimal of efforts to carry a firearm and learn how to correct deploy it to save your life? Children and very select examples aside, if an adult wants to endanger their own life. . .I'm not going to stop them. I'll stand as witness and testify in court if it is asked of me; but I am not employed to act as Batman and come swooping in to save the citizens of my fair city.


    The problem with the internet is nobody can really tell when you’re serious and when you’re being sarcastic. –Abraham Lincoln

  12. #12
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    In 16 years.... I have never had someone make a "citizen's arrest".

    I have had people chase down criminals that ran out the store and hold them for the police to arrive.

    I have absolutely no problem with that.

    There was no "arrest" by the citizen. The person was only held for a known crime.

    But one could say that technically... the citizen was restricting his movements and therefore it was an arrest of sorts.

    Only you can decide if you want to get involved and go hands on. Even if you are armed with a gun... you do not get to just deploy it at will. And if you do go hands on.... YOU risk injury by weapons that the guy may have to include a knife.

    So I would carefully weight the need to stop someone before you do so.

    We all have mobile phones now and can call to report where the guy is going.

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    bradco wrote:
    I'm watching Andy Griffith as I write this. I normally watch it two or three times a day. What a great show!

    Dating ourselves are we

    MSgt G wrote:
    I've only seen one citizens arrestand that's when Gomer saw Barney make an illegal U-turn. Gomer chased after him shouting, "citizens arrest,citizens arrest!"

  14. #14
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    Good response from everybody here sounds like i raised some eyebrows:what:Never did say anything about me making an arrest did i ?

  15. #15
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    05 chopper wrote:
    Good response from everybody here sounds like i raised some eyebrows:what:Never did say anything about me making an arrest did i ?
    Your OP was a bit difficult to understand, I'm guessing that's why the confusion. Maybe you should consider editing the OP to clarify what you are asking.

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