Making a citizens arrest.

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Re: Making a citizens arrest.

Postby MyWifeSaidYes » Fri Jul 08, 2016 8:27 pm

Identify who?

:wink:
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Re: Making a citizens arrest.

Postby OhioPaints » Sun Jul 10, 2016 9:43 am

Back to the OP's question, as I understand it, yes you can legally perform a citizen's arrest but you probably cannot use deadly force of threat of deadly force (i.e. a gun) to do so unless you can convince a jury that you felt you life was at risk. If the guy wants to walk away, you probably cannot stop him at gun point.

Please correct me if my understanding is wrong.
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Re: Making a citizens arrest.

Postby techguy85 » Mon Jul 11, 2016 7:46 pm

SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

My thoughts...
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Re: Making a citizens arrest.

Postby OhioPaints » Mon Jul 11, 2016 9:16 pm

techguy85 wrote:
SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

My thoughts...


Perhaps the question should be "Under what circumstances would it be wise to make a citizen's arrest?"

If you find someone assaulting your spouse or raping your daughter, would not a "citizen's arrest"
be proper? (Ignoring the extra-legal reactions one might have.)

Legally speaking, holding a rapist at gun point until the police arrive would be a citizen's arrest, I presume. Someone correct me if I am wrong.

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Re: Making a citizens arrest.

Postby Stryker74 » Tue Jul 12, 2016 10:08 am

OhioPaints wrote:
techguy85 wrote:
SeanC wrote:Anyone considering a "citizen's arrest" should stop thinking about that. What a perfect way to get killed, injured, and sued, all rolled into one nice package.

My thoughts...


Perhaps the question should be "Under what circumstances would it be wise to make a citizen's arrest?"

If you find someone assaulting your spouse or raping your daughter, would not a "citizen's arrest"
be proper? (Ignoring the extra-legal reactions one might have.)

Legally speaking, holding a rapist at gun point until the police arrive would be a citizen's arrest, I presume. Someone correct me if I am wrong.

Ken


There is no "One Size Fits All", or even "Fits Most..."

In my mind, it comes down to equal force. If you catch said rapist in the act, my initial thought would possibly be to tackle/detain the person. While rape is a heinous and brutal act, you have to make that mental determination of whether the attacker was putting the life of the victim in serious or mortal danger. Being a bigger guy, I would likely attempt non-lethal detainment with a bit of pain on the way down - with the assumption that I caught the attacker by surprise of course.

Now, put an elderly man (70+) that is in average to poor physical condition, into the position of finding this attacker raping a lady. The force quotient changes somewhat possibly, as this rapist might be 1/3 the elderly man's age with the appropriate amount of strength and force to match that age. The elderly man might be more justified in using a firearm to forcibly detain the rapist.

That perception of force is a major aspect. Pointing a gun at someone can be interpreted as unequal force - so it may not be the best first option. It all depends on the situation, and the actors involved.

Now, having that thought in mind - I add this: It is not probable that I would ever come across such a situation as catching a rapist (or other heinous crime) in progress. I am more likely to see minor acts of petty theft or simple assault from a statistical perspective. In that case, I will pull out my phone before I pull out my handgun. I will take pictures and video to be as good of a witness as I can be.
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Re: Making a citizens arrest.

Postby Ed_S » Tue Jul 12, 2016 2:46 pm

Here's a view I haven't seen expressed yet. How would any of you react if someone told you they were making a citizen's arrest on you? Without knowing the specific circumstances, I'd have to think I'd probably walk away if I could. Perhaps with commentary, perhaps not. If they chose to use a gun to reinforce their "arrest" we'd have a situation that will probably make a few lawyers a pile of money, and maybe me, too.

How about you? How would you react to some citizen trying to lay a citizen's arrest on you, with and without a gun?
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Re: Making a citizens arrest.

Postby ESAFO » Tue Jul 12, 2016 3:05 pm

Ed_S wrote:Here's a view I haven't seen expressed yet. How would any of you react if someone told you they were making a citizen's arrest on you? Without knowing the specific circumstances with and without a gun?

i would make it easy on him or her & say i'll call the local authorities for you & let them iron it out :mrgreen:
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Re: Making a citizens arrest.

Postby westsidebestside » Tue Jul 12, 2016 6:38 pm

Ed_S wrote:Here's a view I haven't seen expressed yet. How would any of you react if someone told you they were making a citizen's arrest on you? Without knowing the specific circumstances, I'd have to think I'd probably walk away if I could. Perhaps with commentary, perhaps not. If they chose to use a gun to reinforce their "arrest" we'd have a situation that will probably make a few lawyers a pile of money, and maybe me, too.

How about you? How would you react to some citizen trying to lay a citizen's arrest on you, with and without a gun?


With a gun, I wait around and eventually end up owning their house.

Without a gun and assuming an attempt at restraint, someone's getting a big can opened. Might be them, might be me, but someone's getting an ass-kicking.
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Re: Making a citizens arrest.

Postby mreising » Tue Jul 12, 2016 7:22 pm

Stryker74 wrote:
In my mind, it comes down to equal force. If you catch said rapist in the act, my initial thought would possibly be to tackle/detain the person. While rape is a heinous and brutal act, you have to make that mental determination of whether the attacker was putting the life of the victim in serious or mortal danger. Being a bigger guy, I would likely attempt non-lethal detainment with a bit of pain on the way down - with the assumption that I caught the attacker by surprise of course.

To quote the AG's book, "Rape has been determined to be serious bodily harm, . . ."
The tyrant will always find a pretext for his tyranny

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Re: Making a citizens arrest.

Postby Brian D. » Tue Jul 12, 2016 8:17 pm

Can't look at this thread without thinking of the Andy Griffith episode when Gomer Pyle did that ("Citizens arrayest, citizens arrayest!") to Deputy Barney Fife.
Last edited by Brian D. on Tue Jul 12, 2016 8:20 pm, edited 1 time in total.
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Re: Making a citizens arrest.

Postby JustaShooter » Tue Jul 12, 2016 8:19 pm

mreising wrote:
Stryker74 wrote:
In my mind, it comes down to equal force. If you catch said rapist in the act, my initial thought would possibly be to tackle/detain the person. While rape is a heinous and brutal act, you have to make that mental determination of whether the attacker was putting the life of the victim in serious or mortal danger. Being a bigger guy, I would likely attempt non-lethal detainment with a bit of pain on the way down - with the assumption that I caught the attacker by surprise of course.

To quote the AG's book, "Rape has been determined to be serious bodily harm, . . ."

I was thinking the same thing, and wondering if it were my daughter how I would handle it - and keep coming to the conclusion that unless the rapist was armed I wouldn't likely use deadly force, as much as I would want to. But it would all depend on the circumstances.
Last edited by JustaShooter on Tue Jul 12, 2016 8:57 pm, edited 1 time in total.
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Re: Making a citizens arrest.

Postby Brian D. » Tue Jul 12, 2016 8:22 pm

^^ "therapist" instead of "the rapist"^^ snicker, chortle!
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Re: Making a citizens arrest.

Postby JustaShooter » Tue Jul 12, 2016 8:58 pm

Brian D. wrote:^^ "therapist" instead of "the rapist"^^ snicker, chortle!

Fixed, and thanks for the laugh! -
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Re: Making a citizens arrest.

Postby 3FULLMAGS+1 » Tue Jul 12, 2016 9:18 pm

Brian D. wrote:Can't look at this thread without thinking of the Andy Griffith episode when Gomer Pyle did that ("Citizens arrayest, citizens arrayest!") to Deputy Barney Fife.


I remember that episode
They just ran that one awhile back iirc....think I've seen 'em all!
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Re: Making a citizens arrest.

Postby JonasM » Wed Jul 13, 2016 5:35 am

I was wondering how long it would take for someone to mention Gomer Pyle. :mrgreen:
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