U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Texas > San Antonio
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-01-2013, 01:21 PM
 
Location: Austin, TX via San Antonio, TX
6,140 posts, read 8,598,808 times
Reputation: 3375

Advertisements

Quote:
Originally Posted by Neshomamench View Post
Citizens arrests do not work like most people think they do. You may only make a citizens arrest for a felony that you see, a breach of peace or to prevent the consequences of theft. (the last one is how security guards, who have no Police Powers in Texas, arrest shoplifters)

Here is the catch, the only way it really works is if they agree to be arrested. Resisting statutes do not apply to non Peace Officers. You also have no qualified immunity (Peace Officers do) and are mega liable for pretty much everything.

If you try to arrest someone for a traffic issue, you are going to jail. If you succeed in arresting someone for a traffic issue, you are probably going to prison.

To answers your specific question, no, it would not be. Arrest requires physical detention. Collecting evidence of a crime is not the arrest. The police and/or courts acting on that is not a citizens arrest.
I'm not sure I really needed an explanation. I just needed to point out the absurdity of the original post, but glad to know what a real citizen's arrest it.
Reply With Quote Quick reply to this message

 
Old 11-01-2013, 02:42 PM
 
5,623 posts, read 6,408,601 times
Reputation: 3593
Quote:
Originally Posted by Neshomamench View Post
You have mistaken an attack on someone for the correction of the information they present.
This has been going on way too long for you to simply pass it off as "correction of information".
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 03:58 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,988,285 times
Reputation: 6342
Quote:
Originally Posted by MattTx View Post
If I had a quarter for every time the law enforcement fan boys attack soviet, I would be a rich man.
And if *I* had a nickel for every time someone defends a scofflaw on this board, I'd be even richer.
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 04:12 PM
 
1,007 posts, read 1,211,488 times
Reputation: 1009
Quote:
Originally Posted by MattTx View Post
This has been going on way too long for you to simply pass it off as "correction of information".
The correction of bad information has been going on since the dawn of time and I dont expect it to stop on this forum.

If someone claims 1+1=3 to make a point, should people who disagree with the point ignore that because of how you feel?
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 06:10 PM
 
5,623 posts, read 6,408,601 times
Reputation: 3593
Quote:
Originally Posted by Neshomamench View Post
The correction of bad information has been going on since the dawn of time and I dont expect it to stop on this forum.

If someone claims 1+1=3 to make a point, should people who disagree with the point ignore that because of how you feel?
You are right in what you stated above but missed my point. Point is a select few constantly jump in every time soviet expresses his opinion of traffic laws.

I am not defending soviet or anyone else, it is just funny.
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 06:58 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,988,285 times
Reputation: 6342
Soviet gets "jumped" because his constant insistence of ignoring traffic laws.......unless he wants them enforced.
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 08:42 PM
 
Location: San Antonio
2,819 posts, read 2,865,342 times
Reputation: 1246
Quote:
Originally Posted by Neshomamench View Post
What you are advocating is illegal. That is why it cant be done. It simply does not work that way.

You can assume everyone coming out of a bar has been drinking, but it doesnt give you the legal reason to stop them.

DWI is a (often times) misdemeanor. In order to arrest someone (on the spot) for a misdemeanor it must happen in the presence and/or view of a Peace Officer. *You* (non Peace Officer) cant tell me and then me go get them. I would have to observe something myself that gives me a legal reason to make a stop.

The same thing happens 1000's of times a day when people call in a bad driver. Lets say we find the bad driver. If we dont actually witness something, it doesnt really matter what you saw if it was not a felony. We have to see it ourselves in order to act "right then." Yet people will get real silly mad over the fact that "they saw them (insert traffic violation), reported it, and then saw a cop "do nothing" about it.
What if I was a police officer and my partner was outside in the patrol car. I seen the person drinking alcohol and my partner waits till the car is turned on then stops them?
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 09:48 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,988,285 times
Reputation: 6342
At that point, no crime has yet occurred - the driver may or may not be impaired. He'd still have to observe his driving to make the stop a "good" one.
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 09:49 PM
 
1,007 posts, read 1,211,488 times
Reputation: 1009
Quote:
Originally Posted by Torpedos View Post
What if I was a police officer and my partner was outside in the patrol car. I seen the person drinking alcohol and my partner waits till the car is turned on then stops them?
While it is not that simple, yes, this is a well vetted legal issue that "what one Officer knows, they all know."

If I provide information to another Officer, he may, in most cases, act on that information as if he knew it first hand.
Reply With Quote Quick reply to this message
 
Old 11-01-2013, 10:00 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,988,285 times
Reputation: 6342
Quote:
Originally Posted by Neshomamench View Post
While it is not that simple, yes, this is a well vetted legal issue that "what one Officer knows, they all know."

If I provide information to another Officer, he may, in most cases, act on that information as if he knew it first hand.
But...if all one did was witness a man having *A* drink, is that probable cause in and of itself?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas > San Antonio
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top