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IMPORTANT QUESTION-concerning citizen's arrests

Discussion in 'Channel Zero' started by Dick Quickwood, Jan 14, 2004.

  1. Dick Quickwood

    Dick Quickwood 12oz Loyalist

    Joined: Aug 25, 2002 Messages: 14,783 Likes Received: 14
    when you bust out a citizen's arrest, do you have the right to search the arrestee, if so, is the search supposed to be limited to weapons ?
     
  2. Abracadabra

    Abracadabra Dirty Dozen Crew

    Joined: Dec 28, 2001 Messages: 22,906 Likes Received: 113
    your right to make a citizen's arrest is flimsy at best, let alone to perform a search on your arestee. that may be classed as indecent assult. better call your lawyer. this chick's pretty good:

    http://allymcbeal.tktv.net/images/huge_calista.jpg'>

    she'll bone the judge and get you off
     
  3. metallix

    metallix Elite Member

    Joined: Oct 7, 2001 Messages: 2,955 Likes Received: 1
    well im not a legal expert or anything but logically only the police have the power to do searches. a citizen can't really do that wihtout police powers..
     
  4. Dick Quickwood

    Dick Quickwood 12oz Loyalist

    Joined: Aug 25, 2002 Messages: 14,783 Likes Received: 14
    metallix, it's legal to do a citizen's arrest, at least it is in my state


    does anyone have any ideas on where i could find this information ? i'm looking on the oregon revised statutes site, the oregon state bar website, etc.
     
  5. EyeforAnEYE

    EyeforAnEYE Elite Member

    Joined: Sep 29, 2003 Messages: 4,199 Likes Received: 3
    :lol: :lol:
     
  6. GucciCondom

    GucciCondom Veteran Member

    Joined: Jul 29, 2003 Messages: 5,558 Likes Received: 168
    i dont know but if anyone with less than a blue uniform grips me up they dont want it with me-just ask the undercover store detective at pathmark :lol:
     
  7. Smart

    Smart Dirty Dozen Crew

    Joined: Apr 14, 2000 Messages: 17,017 Likes Received: 175
    no, you/they have the right to detain the 'arrestee' without force... no more.
     
  8. KaBar2

    KaBar2 Senior Member

    Joined: Jun 27, 2003 Messages: 2,126 Likes Received: 64
    It depends on the State and other things

    I don't know much about other state's laws, but in Texas, private citizens have just as much right to arrest someone that they observe breaking the law as the police have. In fact, our Constitution requires citizens to assist the police if they request it, in arresting and controlling a suspect. This is because citizens of a State are members of the state military forces because they are part of the militia. Any Texas peace officer can deputize a citizen right on the spot simply by saying "I deputize you as a Texas peace officer." ("Now, pick up that deer rifle and follow me!")

    If I observe someone committing a felony, and I can affect a citizen's arrest DURING DAYLIGHT HOURS, and I am not defending my own life, the life of another person, or preventing the escape of a felony suspect, I cannot use deadly force.

    However DURING THE HOURS OF DARKNESS in the State of Texas, deadly force may be used BY ANY CITIZEN to defend his life or property, or the life or property of another, or to prevent murder, aggravated murder, rape, aggravated rape, robbery, aggravated robbery, attempted arson (BUT NOT ARSON ITSELF), theft, etc., etc.

    I asked the attorney "Theft? I can use deadly force to prevent theft?" And he said, "Mr. Kabar, during the hours of darkness, if you catch someone so much as stealing a skateboard off your porch, and you cannot recover your property any other way, you can shoot his ass down in your yard. But then you have to live with yourself."

    These laws were written in 1876 to break the back of the Ku Klux Klan, and they did a damned good job. The "White Knights" weren't so fucking brave when the black folks could shoot back with impugnity.
     
  9. 26SidedCube

    26SidedCube Veteran Member

    Joined: Mar 18, 2003 Messages: 6,590 Likes Received: 9
    Re: It depends on the State and other things

    You can only shoot to kill I though, right? I
    know in Michigan when you take the classes to
    carry a concealed weapon they say you have
    the right to shoot to kill any time you feel your
    life is in iminent danger... but you have to be
    aiming for the head or chest, if you shoot to
    maime and the person survives they can sue
    and/or prosecute.
     
  10. diggity

    diggity Guest

    semi random input
    I watched a police show once where they camera crew road around with a regular guy that did citizen's arrests on DUI (driving under the influence) he would call the police before he got out and made the arrest, It was really more like holding till the police get there. Evidently this guy does this sort of thing alot.
     
  11. gfreshsushi

    gfreshsushi Senior Member

    Joined: Sep 21, 2003 Messages: 2,244 Likes Received: 1
    man, if some vigilante jackass was trying to pull drunk assholes out of their car, i'd think they'd just run him over.

    if i was drunk enough to think i should drive, i probably would.
     
  12. vinyl junkie

    vinyl junkie Elite Member

    Joined: Jan 17, 2002 Messages: 4,725 Likes Received: 0
    hi-oh!
     
  13. Swiffer Jet

    Swiffer Jet Elite Member

    Joined: Jul 14, 2003 Messages: 2,669 Likes Received: 0
    Re: Re: It depends on the State and other things

    that's bullshit, in my opinion.

    i remember hearing about the burglar who fell off the roof of a house and decided to try and sue the homeowner. or something close to that. fucking idiot.
     
  14. Ethreadzny2

    Ethreadzny2 Veteran Member

    Joined: Oct 29, 2003 Messages: 6,255 Likes Received: 23
    I liked " A LIGHT IN THE DARKNESS"
     
  15. GnomeToys

    GnomeToys Elite Member

    Joined: Jun 24, 2003 Messages: 2,616 Likes Received: 4
    I should sue old people for allowing our legal system to degenerate to the point that such frivolous lawsuits are possible.
     
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