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Dick Quickwood

IMPORTANT QUESTION-concerning citizen's arrests

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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..

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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.

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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:

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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.

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Re: It depends on the State and other things

 

Originally posted by KaBar2

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."

 

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.

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Guest diggity

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.

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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.

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Re: Re: It depends on the State and other things

 

Originally posted by 26SidedCube

...if you shoot to

maime and the person survives they can sue

and/or prosecute.

 

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.

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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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Re: It depends on the State and other things

 

Originally posted by KaBar2

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."

 

 

You realize this is why your country is a terrible place to be, right ?

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Re: Re: Re: It depends on the State and other things

 

Originally posted by Swiffer Jet

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.

 

 

they said something like that in liar liar

i gotta stop watching so much tv.

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<span style='color:black'>Who are you gonna arrest?

 

"Wait right here! Im calling the police."

 

I wish some one would.

 

Phrases such as "You really think you're gonna make it to the phone?" help to deter people from being heros.</span>

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Originally posted by diggity

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.

 

yea, Ive seen this episode of cops too.

 

I am more concerned about getting detained by some dude than the cops themselves. The odds are greater. And Im a skinny guy what can I say.

 

Although if I was held by some dude, I would definately be looking to escape at any possible chance that I got.

 

So is running away from joe hero the same as running from the cops?

 

"This is a citizens arrest!!!!"

Im taking off, I dont know about you.

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i wouldnt even run from them i would act like im cooperating as soon as the off poiint one hitter quiter deffinantly....out here in bklyn they got this jdl the jewish communitys own 'defense league' who are aloud to run red lights n brakre alot of traffic laws wich i think is disgracefull anywa they try to roll up on u r hold u for the cops if ur doin somethin shady in there hoods...buncha old hassidic jews anyway they tryed to stop me once n hold me n my boy down i ran for like a blocks n said to myself....wait a minute...why am i running from someone who aint police waited till he came n rocked him ended up havin to rumble wit like 6 of them....still walked away though...good times

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Originally posted by kido

So is running away from joe hero the same as running from the cops?

 

"This is a citizens arrest!!!!"

Im taking off, I dont know about you.

 

I wouldn't think so. It's an automatic felony if you run from the cops. I can't imagine that running from a random citizen would get you a felony, but I can't say for sure.

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Pin-Up

 

You don't seem to understand. Yes, this country was a terrible place to be, especially during the War Between the States, when "bushwhackers" and "red legs" roamed the border states, burning farms, hanging proponents of the opposing political position, attacking banks, etc., etc. It was a terrible place during Reconstruction, when the South was occupied by Union troops, all former Confederates were disenfranchised and forbidden to vote, hold public office or own land for ten years. It was a terrible place in Texas when the military dictator, General E.J. Davis, refused to cede his power and position when Reconstruction ended, and tried to prevent the Democratic Party from taking it's legitimate position in the state government.

 

(Edit: My computer keeps allowing pop-ups to pop-up, which essentially kicks me out of whatever site I'm on. I hate pop-ups.)

 

To continue: Texas, and the South in general, was a terrible place after the War Between the States, when nightriding KKK'ers were able to attack outlying farms and ranches and light crosses, burn down barns, rustle and slaughter livestock, and shoot up innocent people's homes. By far, not all whites, or even all former Confederates agreed with this sort of terrorism, and the Klansmen were hunted by law enforcement officers who themselves were former Confederates.

 

The Texas legislature managed to wrest power away from the military dictatorship of General Davis with an armed insurrection against his usurpation of civil authority. The Texas militia surrounded Davis and his Radical Republicans in the Capitol building and a three-day gun battle ensued. They even threatened Davis et al with a couple of cannons. Eventually, he surrendered, and was marched out of Austin at bayonet point, along with his men.

 

One of the legislature' first order of business was to ban the open wearing of sidearms (pistols, swords, Bowie knives, etc.) in public and to enshrine in law the right of Texans to carry rifles and shotguns openly and legally. They then passed the laws permitting people to defend their home and family from criminals and intruders of every stripe, but especially the Ku Klux Klan. And special laws were passed permitting the use of deadly force in order to do so, DURING THE HOURS OF DARKNESS.

 

Now, regular, normal citizens were not out lighting crosses and burning down barns. In fact, nobody in their right mind would be out riding around in the dark AT ALL. There was no electric light, and people went to bed early and got up early. The people out messing with other people and their property were terrorists. And Texas made it 100% legal to defend yourself from them.

 

And it is still legal today.

 

It is very, very easy to avoid getting shot by somebody for breaking into their car, or burglarizing their house, whatever--just obey the law, and leave other people and their property ALONE.

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See in the state of Virginia you cannot use deadly force to prevent people from stealing your belongings. Like if some one snatches a purse and you shoot them, Its murder. If you shoot some one in the back while they are fleeing after they steal your shit, it's murder. The only time you can shoot some one is if you feel that your life is in danger. Even then it is tricky. I worked with a guy that got jumped by two kids out side of his appartment back in 89 and he shot and killed one of them. He missed out on the 90's.

 

I guess it differs from state to state.

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