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 had to dig to get that article as well. I'm always suspicious of news stories by very biased sites like David Icke and The Blaze. I try to get as close to the original source as possible, because some of these sites have an established agenda
If he detained me while holding a gun in his hand, I'd have considered that assault, too, since he was threatening to shoot either me or my property (and the victim could have been struck by the pellets because of the spread)
If you were illegally on his property, it wouldn't matter what you thought. Nothing like turning something on its head to support a horrible theory. His property, his right to detain a trespasser until the police arrive. Cops and you are wrong.
It's not legal to assault a trespasser. Nor is it even criminal trespassing if the trespasser is unaware of his being on private land.
What do you do besides put up NO TRESPASSING signs all over your property? Ignorance is not a defense.
Why would you assume the cops are telling the truth and the property owner that called them is lieing? He is the one that requested their assistance. And, why would they demand that his wife erase the video tape -if they were doing nothing wrong?
What do you do besides put up NO TRESPASSING signs all over your property? Ignorance is not a defense.
Why would you assume the cops are telling the truth and the property owner that called them is lieing? He is the one that requested their assistance. And, why would they demand that his wife erase the video tape -if they were doing nothing wrong?
It has already been decided by the SC that it is illegal for an officer to do this. The cops broke at least 3 laws when they arrested him, and they knew it!
I had to dig to get that article as well. I'm always suspicious of news stories by very biased sites like David Icke and The Blaze. I try to get as close to the original source as possible, because some of these sites have an established agenda
Now it gets even more ridiculous. He told the kid he'd shoot out his tires if he tried to run on his dirt bike - good for him!
Thomas Donald was arraigned in Crawford County District Court on Monday, Sept. 23 for a charge of felonious assault-assault with a dangerous weapon, a felony which carries up to four years in prison and a $2,000 fine.
It has already been decided by the SC that it is illegal for an officer to do this. The cops broke at least 3 laws when they arrested him, and they knew it!
Good. He should be able to sue both of these officers, personally. Leave the tax payers out of it.
If you were illegally on his property, it wouldn't matter what you thought. Nothing like turning something on its head to support a horrible theory. His property, his right to detain a trespasser until the police arrive. Cops and you are wrong.
Sorry, but you are wrong. I just pulled up Michigan's laws on citizens arrest, and the trespasser did not commit felony trespass, which is the only condition for a private citizen to detain someone in this case. Donald is screwed one way or another. Sounds like yet another case of big guns, small brains
Quote:
764.16 Arrest by private person; situations.
Sec. 16.
A private person may make an arrest—in the following situations: (a) For a felony committed in the private person's presence. (b) If the person to be arrested has committed a felony although not in the private person's presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.
Now it gets even more ridiculous. He told the kid he'd shoot out his tires if he tried to run on his dirt bike - good for him!
Thomas Donald was arraigned in Crawford County District Court on Monday, Sept. 23 for a charge of felonious assault-assault with a dangerous weapon, a felony which carries up to four years in prison and a $2,000 fine.
Oh great, so now he's planning on recklessly endangering the kid. Phew, that's another charge he could have been charged with but wasn't. Lucky him
I had to dig to get that article as well. I'm always suspicious of news stories by very biased sites like David Icke and The Blaze. I try to get as close to the original source as possible, because some of these sites have an established agenda
You know, normally, when someone corrales another person and holds them against their will, it's called false imprisonment.
Quote:
false imprisonment
Web definitions
(law) confinement without legal authority
so, basically what the land owner did was against the law. what he should have done was went back to the house without confronting anyone, and called the cops and allowed them to do their jobs.
you just don't go around apprehending someone with a weapon and hold them or threaten them.
If, I say if, the landowner had any brains whatsoever, he would have flagged down the guy riding the bike/atv without the gun, and told the rider he was on private property and asked the rider not to do it again. But, some people are just afraid of other people trespassing, Reporting trespassing to the cops is the first thing to do.
The cop probably votes republican. Either it's just me, or liberal cops are few and far between.
People on power trips come from both parties.
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.
