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Thread: Citizens Arrest

  1. #1
    Campaign Veteran since9's Avatar
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    I found the following treatise on Citizens Arrest, written by criminal defense attorneys, to be most insightful!

    http://www.criminalattorney.com/news/citizens-arrest/

    From reading various reports of hostile encounters here and on other forums, the hostile encounter usually doesn't result in the death of the hostile.

    When the hostile has committed a felony, however, it's usually not very desirable to let him go, either. I will never state that anyone has a moral obligation to follow through with a citizens arrest, as that's a matter best left up to the individual, as to whether or not they feel they would be capable of making the arrest or of dealing with the likely aftermath, including the possibility of being sued.

    Should I ever witness any hostile act in my immediate vicinity, I may or may not choose to draw my weapon. I may or may not choose to fire. I may or may not choose to make a citizens arrest.

    Whether it's "may" or "may not" for each of these three actions (draw, fire, arrest) depends entirely upon the situation. Is the hostile alone? Is he armed, and if so, how is he armed? Is he calm or agitated?

    While in high school, I and four others once wrestled a hostile to the ground. He was hopped up on PCP, had entered our midst, and began throwing tables weighing 100 lbs each more than a dozen feet while cussing up a storm. All five of us were wrestlers in high school, and it took all five of us to subdue him and hold him until the police arrived, 22 minutes later. The 911 operator thought my first call was a prank! After the second call, they were there in ten minutes.

    I didn't know it at the time, but we had made our first citizens arrest! It certainly wasn't fun, but it was certainly necessary.

    Anyhoo, just some good data at the link above for us to consider.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  2. #2
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    Nice work on your citizens arrest although I think it was more of a detainment. I say that because we have no citizens arrest in North Carolina, just a detainment, your case fits our definition of a detainment.

    Thanks for the link, interesting stuff.

    By the way, call me strange and overly imaginative, but I like your use of words;

    He was hopped up on PCP, had entered our midst, and began throwing tables weighing 100 lbs each more than a dozen feet while cussing up a storm.
    I heard voice in the midst of the four beast say, "come and see" and I saw, and there stood a pale horse, and his name that sat upon him was Death, and Hell followed with him.

  3. #3
    Regular Member Washintonian_For_Liberty's Avatar
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    Arrest just means to stop or halt. So, technically, if you detain someone, you are arresting them.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. ~ George Washington

  4. #4
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    Washintonian_For_Liberty wrote:
    Arrest just means to stop or halt. So, technically, if you detain someone, you are arresting them.
    That depends on how your state defines the two. If you arrest someone in North Carolina without authority, you can be be arrested. Even an FBI agent does not have arrest authority in North Carolina. It isn't that simple.

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    Hey!!! Watch it with those thread titles, will ya!




    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  6. #6
    Regular Member sudden valley gunner's Avatar
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    Citizen wrote:
    Hey!!! Watch it with those thread titles, will ya!



    Should we gather a collection for your bail?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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