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IN my Liberal Opinion, that sounds like a citizen doing his duty to protect his neighbors and neighborhood. I would issue him a civic award not an arrest. Just seeing someone leaving a house through a back window with a loaded back pack is reason enough for a citizens' arrest and using force to make the arrest is justified.
I guess old Leonard Boswell should have just called the cops and waited for em to show up too? You folks and your belief that cops will protect you all the time are beyond help. Most police work is done after the crime is committed.
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Yup, he should have called, as he did not need protection, he need service.
He still could have gone out and gathered some more info instead of going back home for his gun.
The crime did not justify the use of deadly force.
I'm all for carrying a concealed weapon and even I would have stood back and called the cops on this one.
I agree, we do need to protect our selves but this was just a property crime and not worth human life.
You need to really re-read the section on the Castle Bill and protecting 3rd party property. You're missing a KEY bit of information in your interpretation.
Yup, he should have called, as he did not need protection, he need service.
He still could have gone out and gathered some more info instead of going back home for his gun.
The crime did not justify the use of deadly force.
I'm all for carrying a concealed weapon and even I would have stood back and called the cops on this one.
I agree, we do need to protect our selves but this was just a property crime and not worth human life.
I take it you didn't read the link about Boswell??? What a shock. Or you did and are just a lost soul in the police will protect me now matter what mantra that has been laid down.
IN my Liberal Opinion, that sounds like a citizen doing his duty to protect his neighbors and neighborhood. I would issue him a civic award not an arrest. Just seeing someone leaving a house through a back window with a loaded back pack is reason enough for a citizens' arrest and using force to make the arrest is justified.
In most states, a private citizen has the right to arrest someone who has committed a felony in his presence, and may even arrest someone he reasonably believes to have committed a felony, so long as the felony was in fact committed. For a misdemeanor, the private citizen must actually witness the crime, and must make the arrest immediately. A citizen cannot arrest for a misdemeanor committed a long time ago. Also, the misdemeanor must constitute a “breach of the peace.”
In most states, no formal announcement or actions are required to perform the citizen’s arrest. The citizen must sufficiently convey, either through words or conduct, the intent to perform a citizen's arrest. A citizen may use force that is reasonable under the circumstances to restrain the individual arrested.
161.255¹
Use of physical force by private person making citizen’s arrest
(1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225 (Arrest by private person).
(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force
Despite the fact that citizens arrests do not carry the same constitutional requirements as a typical arrest, individuals must only use the amount of force that is reasonable and necessary to make the arrest. Just what exactly constitutes the reasonable and necessary amount of force depends on the facts surrounding each arrest. Juries will usually examine the facts surrounding a citizens arrest and make the determination of whether it involved excessive force.
The use of excessive force can open up the arresting individual to civil and criminal liability, and this is especially true when individuals use deadly force to apprehend criminals. States have different rules about the use of deadly force during a citizens arrest, and failure to comply with the law in this area can result in serious consequences.
Other states allow people making a citizens arrest to use deadly force to stop a fleeing arrestee as long as the person making the arrest used reasonable methods in order to make the arrest. Some states go further and require that the person using deadly force first attempt to restrain the subject of the arrest, and other states require pursuit and an explicitly stated intent to arrest before using deadly force.
Any use of deadly force during a citizens arrest that does not comply with the applicable state law could result in manslaughter or murder charges against the arresting individual, as well as a wrongful death lawsuit from the family of the suspected criminal. Tort Liability
In addition to wrongful death lawsuits, a citizens arrest has the potential to expose individuals to other kinds of tort liability if the arrest was not justified. If a person does not comply with the laws requirements when making the arrest, the arrestee could allege a number of offenses in a personal injury lawsuit, including the aforementioned wrongful death, false imprisonment and assault and battery. Citizen's Arrest - FindLaw
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
or child, resides with the actor, or is under the actor's care.
This references section 9.41, which is as follows:
Quote:
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
Not so much. Since it's a completely different situation you trying to link the two is an epic fail.
Coming from you that enforces the fact that I'm spot on. Calling the cops will not protect you like many here are arguing.
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