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.
I’ve seen the locked room but not people being brought it in handcuffs. They still aren’t making a citizens arrest though. They are holding them for the police to come and make an arrest. I don’t understand what happened in your friends story, because that’s very unusual for that to happen. Normally the police would ticket them for leaving the scene of an accident. Normally the police would give them tickets for leaving the scene of an accident why didn’t they do so in this case? It doesn’t make sense because in the stuff I’m reading right now it says you can only make a citizens arrest for a felony and this was not a felony.
It was many years ago 1980's it wasn't in a parking lot that's different basically a civil matter police never ticket for that unless someone is hurt like run over a pedestrian and drive off, or some sort of parking lot rage like they rammed another car which is another story friends wife that did that she was arrested.
Could have been at the time he was charged with a felony then it was reduced to a misdemeanor. The woman claimed she had whiplash she was up and walking around refused medical treatment maybe that was the reason for the citizens arrest wanted to put it on her.
All I know he ended up with misdemeanor I remember him telling me which we thought was strange how they brought him back she stood 10 feet from him was told to make that statement she was making a citizens arrest.
wiki says this for California it's broad scope there reality is an arrest is nothing it's what the DA does with the arrest.
Consider, for an example of this codification, California Penal Code section 837:
837. A private person may arrest another:
For a public offense committed or attempted in his/her presence.
When the person arrested has committed a felony, although not in his/her presence.
When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it. https://en.wikipedia.org/wiki/Citizen%27s_arrest
I personally saw man who walked out of Target and 2 LP's grabbed the guy he was younger skinny guy lifted him under the arms took in back into the store as items dropping out under his jacket. They took him into the store put him against the wall and cuffed him. When I was leaving about an hour later I saw the police taking him from a room in cuffs to their car parked in front. You can find videos of that kind of stuff on YouTube
It was many years ago 1980's it wasn't in a parking lot that's different basically a civil matter police never ticket for that unless someone is hurt like run over a pedestrian and drive off, or some sort of parking lot rage like they rammed another car which is another story friends wife that did that she was arrested.
Could have been at the time he was charged with a felony then it was reduced to a misdemeanor. The woman claimed she had whiplash she was up and walking around refused medical treatment maybe that was the reason for the citizens arrest wanted to put it on her.
All I know he ended up with misdemeanor I remember him telling me which we thought was strange how they brought him back she stood 10 feet from him was told to make that statement she was making a citizens arrest.
wiki says this for California it's broad scope there reality is an arrest is nothing it's what the DA does with the arrest.
Consider, for an example of this codification, California Penal Code section 837:
837. A private person may arrest another:
For a public offense committed or attempted in his/her presence.
When the person arrested has committed a felony, although not in his/her presence.
When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it. https://en.wikipedia.org/wiki/Citizen%27s_arrest
I personally saw man who walked out of Target and 2 LP's grabbed the guy he was younger skinny guy lifted him under the arms took in back into the store as items dropping out under his jacket. They took him into the store put him against the wall and cuffed him. When I was leaving about an hour later I saw the police taking him from a room in cuffs to their car parked in front. You can find videos of that kind of stuff on YouTube
Yes, but those security guards did not arrest him nor did they make a citizens arrest. They simply detained him and called the police. I don’t know how a hit-and-run can be a felony. Any case, it still doesn’t apply to this particular situation, because the cop did not commit any crime to arrest him for whether citizens arrest or not. The guard had no right to detain him.
You are continuing to ignore however that this police officer did not commit a crime and security guard had no right to detain him.
He did commit a crime. He violated U.S. Code § 930. Possession of firearms and dangerous weapons in Federal facilities. It is unlawful for local LEOs to carry their guns into federal offices, unless they are on official LE business. He was not on official business. Therefor he commited a crime.
You people accusing me of ignoring facts, while you continue to ignore facts, backed up by sources which have been posted over and over, is getting to be comical.
Yes, but those security guards did not arrest him nor did they make a citizens arrest. They simply detained him and called the police. I don’t know how a hit-and-run can be a felony. Any case, it still doesn’t apply to this particular situation, because the cop did not commit any crime to arrest him for whether citizens arrest or not. The guard had no right to detain him.
The right to detain or not is in a gray area, but most likely way outside of his companies policy. The security guard was charged for pointing a deadly weapon at someone when he didn't meet the level under threat of death or bodily harm exception.
The guard claimed he was under threat when the deputy rested his hands on his utility belt near his pistol. Maybe he could make that argument, but when the deputy was leaving he continued to keep his weapon on him pointing it in his face long past the point where a reasonable person feels threatend.
The DA feels they have a case against the security guard or he would dropped the charges, but I suspect they will end up in a plea deal. The Guard will not be able to get a Guard card again which is probably best he's not in that job again.
He did commit a crime. He violated U.S. Code § 930. Possession of firearms and dangerous weapons in Federal facilities. It is unlawful for local LEOs to carry their guns into federal offices, unless they are on official LE business. He was not on official business. Therefor he commited a crime.
You people accusing me of ignoring facts, while you continue to ignore facts, backed up by sources which have been posted over and over, is getting to be comical.
He should have been allowed to leave if he couldn’t leave his gun behind. Simply stepping into the lobby of an office building in uniform is NOT a crime.
Again, which has been brought up several times but you ignore, it is like an airport. It’s against the law to bring your gun onto a plane, but as long as it’s legal gun you are allowed to leave with it instead before you go through the checkpoint if you don’t want to leave it behind.
1. That law is Louisiana. This happened in Ohio. So Louisiana law is irrelevant to this case. 2. It doesn't disprove anything I have posted. But nice try anyway.
Are you actually serious? No you can't be...you have to be trolling. What I posted disproves EVERYTHING you said in relation to a citizens arrests. I posted such indisputable evidence that there is no court or jury in the world that would disagree that I proved you wrong beyond a doubt.
1. You stated ANYONE in the US that witnesses ANY crime can make a citizens arrest. Your own link and the one I posted showed you are wrong.
2. You also stated that I couldn't find any state statues that shows that #1 is wrong because a statue like that "does not exist". Meaning there are no statues limiting a citizens powers of arrest. Again your own link and the one I posted proved you are completely wrong.
I'm not going to quote your posts that stated #1 and #2 again because I already did so in my previous post. So how did I not disprove anything you posted?
But I'm curious to see how much further you are going to take this denial of facts so here is the statute for Ohio. Even before looking it up I figured they would limit citizen's arrests to felonies because thats pretty much what every state does:
Before you try to make some sort of convoluted rebuttal here is an actual expert in the field (an attorney) who tells you what the above statue means (spoiler it means exactly what I have been saying all along):
That was the point I was trying to make. Pretty much all arrests are citizen's arrests, unless a cop actually witnessed the crime himself, or has other proof the person committed the crime. Yes the laws very from state to state, but that is generally the way it works. And yes security guards do arrest people for all kinds of crimes, all the time. There was nothing unusual about what this security guard did, other then the fact that he did it to a cop.
Until you get to a position in life where you are able to make an amendment to the US constitution; what you said above will remain an "opinion." Another word's its complete BS. What you stated is so far from the actual interpretation of what experts consider an "arrest" that I'm not even going to debate with you.
Last edited by griffon652; 09-19-2019 at 06:48 AM..
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.
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.
