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Thread: Security guard shoots a fleeing suspect

  1. #1
    Regular Member Gundude's Avatar
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    Security guard shoots a fleeing suspect

    Could this be a citizens arrest gone bad? I'm not up on all the security guard/citizen arrest things.

    edit: that should read....."Security guard shoots at fleeing suspect.

    http://www.bakersfieldnow.com/news/local/108603089.html
    Last edited by Gundude; 11-17-2010 at 04:28 PM.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  2. #2
    Regular Member COMMANDER1911's Avatar
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    "We can only defend ourselves and other people in immediate danger of death ... once (suspects) turn around to run, the threat is over, we cannot shoot at them," said Thompson, whose company is not associated with Monday's incident.

    I believe this was an unjustified shooting. Nobody can shoot a fleeing suspect
    (unless there is immediate threat to someone), because if the suspect is fleeing there obviously isn't an immediate threat anymore. Firing at a fleeing vehicle in the middle of a parking lot is a big no no. Take down the license plate and notify police. I think this guy watches to much TV.
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  3. #3
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    Security guards have no more authority than a private citizen. Our employer/client may grant us authority on their property but we still have to follow the same laws as everyone else.

  4. #4
    Regular Member cbpeck's Avatar
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    Maybe he was a mall ninja.

  5. #5
    Regular Member sst0185's Avatar
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    Quote Originally Posted by cbpeck View Post
    Maybe he was a mall ninja.
    If it was Gecko45 he's way off his game.
    Last edited by sst0185; 11-18-2010 at 02:55 PM.

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    know the law

    Any citizen can legally shoot to kill a fleeing violent felon in California. You must KNOW the felony crime was committed, not just suspect it committed. The police can shoot a fleeing felon if he has reason to believe a felony was commited, even if it was not. That is the biggest difference in the law. Notice that is only felony crimes. No shooting drunks, people in a fist fight, , or people stealing small amounts of property, or without violence involved.

    Why you would want to use deadly force as a citizen when the suspect is running from you is beyond me. Unless that crook was trying to murder or seriously injure me, or a family member , I would let the police find him later.Carrying a gun for self defense should be just that, once the threat passes, the gun is not a option for use anymore. Leave it to the LEO's for working the justice system and capture.

    The law is all spelled out in the penal code under arrest and justifiable homicide. I will get and post the sections if anyone is interested. Pulling and firing a gun at someone is going to bring a chance of negative very long, difficult and expensive consequences, so be prepared if you want to play cops and robbers in the real world.
    Last edited by oc4ever; 11-19-2010 at 11:59 AM.

  7. #7
    Regular Member mjones's Avatar
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    Quote Originally Posted by oc4ever View Post

    The law is all spelled out in the penal code under arrest and justifiable homicide. I will get and post the sections if anyone is interested. Pulling and firing a gun at someone is going to bring a chance of negative very long, difficult and expensive consequences, so be prepared if you want to play cops and robbers in the real world.
    Keep in mind that its ONLY an affirmative defense, NOT grounds for a complete dismissal. Be prepared to prove that the fleeing felon posed an IMMEDIATE threat to society.

  8. #8
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by mjones View Post
    Keep in mind that its ONLY an affirmative defense, NOT grounds for a complete dismissal. Be prepared to prove that the fleeing felon posed an IMMEDIATE threat to society.
    Same reason the EPA caused farmers to come up with "SSS".

  9. #9
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    Quote Originally Posted by oc4ever View Post
    Any citizen can legally shoot to kill a fleeing violent felon in California. You must KNOW the felony crime was committed, not just suspect it committed. The police can shoot a fleeing felon if he has reason to believe a felony was commited, even if it was not. That is the biggest difference in the law. Notice that is only felony crimes. No shooting drunks, people in a fist fight, , or people stealing small amounts of property, or without violence involved.

    Why you would want to use deadly force as a citizen when the suspect is running from you is beyond me. Unless that crook was trying to murder or seriously injure me, or a family member , I would let the police find him later.Carrying a gun for self defense should be just that, once the threat passes, the gun is not a option for use anymore. Leave it to the LEO's for working the justice system and capture.

    The law is all spelled out in the penal code under arrest and justifiable homicide. I will get and post the sections if anyone is interested. Pulling and firing a gun at someone is going to bring a chance of negative very long, difficult and expensive consequences, so be prepared if you want to play cops and robbers in the real world.
    +1


    here is the code

    CPC

    834. An arrest is taking a person into custody, in a case and in
    the manner authorized by law. An arrest may be made by a peace
    officer or by a private person.

    835. An arrest is made by an actual restraint of the person, or by
    submission to the custody of an officer. The person arrested may be
    subjected to such restraint as is reasonable for his arrest and
    detention.


    837. A private person may arrest another:
    1. For a public offense committed or attempted in his presence.
    2. When the person arrested has committed a felony, although not
    in his presence.
    3. When a felony has been in fact committed, and he has reasonable
    cause for believing the person arrested to have committed it.


    839. Any person making an arrest may orally summon as many persons
    as he deems necessary to aid him therein.


    841. The person making the arrest must inform the person to be
    arrested of the intention to arrest him, of the cause of the arrest,
    and the authority to make it, except when the person making the
    arrest has reasonable cause to believe that the person to be arrested
    is actually engaged in the commission of or an attempt to commit an
    offense, or the person to be arrested is pursued immediately after
    its commission, or after an escape.
    The person making the arrest must, on request of the person he is
    arresting, inform the latter of the offense for which he is being
    arrested.


    846. Any person making an arrest may take from the person arrested
    all offensive weapons which he may have about his person, and must
    deliver them to the magistrate before whom he is taken

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