Making a citizens arrest.
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
- MyWifeSaidYes
- OFCC Coordinator
- Posts: 5449
- Joined: Tue Feb 16, 2010 12:59 pm
- Location: Central Ohio
- Contact:
- OhioPaints
- Posts: 5666
- Joined: Sat May 13, 2006 4:22 pm
- Location: Brown Co./ southern Ohio
Re: Making a citizens arrest.
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.
Please correct me if my understanding is wrong.
-
- Posts: 1332
- Joined: Mon Jul 16, 2012 8:55 am
- Location: Columbus
Re: Making a citizens arrest.
My thoughts...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.
- OhioPaints
- Posts: 5666
- Joined: Sat May 13, 2006 4:22 pm
- Location: Brown Co./ southern Ohio
Re: Making a citizens arrest.
Perhaps the question should be "Under what circumstances would it be wise to make a citizen's arrest?"techguy85 wrote:My thoughts...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.
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
- Stryker74
- OFCC Member
- Posts: 1470
- Joined: Wed Mar 06, 2013 8:15 pm
- Location: Grove City, Ohio
Re: Making a citizens arrest.
There is no "One Size Fits All", or even "Fits Most..."OhioPaints wrote:Perhaps the question should be "Under what circumstances would it be wise to make a citizen's arrest?"techguy85 wrote:My thoughts...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.
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
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.
Aaron
NRA Life Endowment Member
NRA Certified Instructor - Pistol, Refuse To Be A Victim
NRA Range Safety Officer
Kentucky CCDW Certified Instructor
Want to become more active with OFCC, and the fight for your rights? Click the link to find out how!
http://ohioccwforums.org/viewtopic.php?f=12&t=64852" onclick="window.open(this.href);return false;
NRA Life Endowment Member
NRA Certified Instructor - Pistol, Refuse To Be A Victim
NRA Range Safety Officer
Kentucky CCDW Certified Instructor
Want to become more active with OFCC, and the fight for your rights? Click the link to find out how!
http://ohioccwforums.org/viewtopic.php?f=12&t=64852" onclick="window.open(this.href);return false;
- Ed_S
- Posts: 157
- Joined: Sun Dec 16, 2007 9:30 am
Re: Making a citizens arrest.
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?
How about you? How would you react to some citizen trying to lay a citizen's arrest on you, with and without a gun?
Ed_S from Youngstown Ohio
It's not WHAT you carry - it's THAT you carry!
It's not WHAT you carry - it's THAT you carry!
- ESAFO
- Posts: 1109
- Joined: Fri Oct 05, 2012 10:20 pm
- Location: Hubbard, Oh
Re: Making a citizens arrest.
i would make it easy on him or her & say i'll call the local authorities for you & let them iron it outEd_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?
BOB
-
- Posts: 159
- Joined: Sat Dec 27, 2014 9:00 am
- Location: Galloway, OH
Re: Making a citizens arrest.
With a gun, I wait around and eventually end up owning their house.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?
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 butt-kicking.
-
- Posts: 6274
- Joined: Mon Jul 04, 2005 8:07 pm
- Location: Warren County
Re: Making a citizens arrest.
To quote the AG's book, "Rape has been determined to be serious bodily harm, . . ."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.
The tyrant will always find a pretext for his tyranny
Mark
NRA Training Counselor-Rifle, Pistol, Shotgun, Reloading, Personal Protection in the Home, Personal Protection Outside the Home, Home Firearms Safety, Chief RSO. NRA Endowment Life member.
Mark
NRA Training Counselor-Rifle, Pistol, Shotgun, Reloading, Personal Protection in the Home, Personal Protection Outside the Home, Home Firearms Safety, Chief RSO. NRA Endowment Life member.
-
- Posts: 16237
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: Making a citizens arrest.
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.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Making a citizens arrest.
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.mreising wrote:To quote the AG's book, "Rape has been determined to be serious bodily harm, . . ."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.
Last edited by JustaShooter on Tue Jul 12, 2016 8:57 pm, edited 1 time in total.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
-
- Posts: 16237
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: Making a citizens arrest.
^^ "therapist" instead of "the rapist"^^ snicker, chortle!
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Making a citizens arrest.
Fixed, and thanks for the laugh! -Brian D. wrote:^^ "therapist" instead of "the rapist"^^ snicker, chortle!
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
-
- OFCC Coordinator
- Posts: 705
- Joined: Fri May 11, 2012 7:01 pm
- Location: S.W. corner of stark. co.
Re: Making a citizens arrest.
I remember that episodeBrian 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.
They just ran that one awhile back iirc....think I've seen 'em all!
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
-
- Posts: 650
- Joined: Wed Jul 07, 2010 6:05 pm
- Location: Cuyahoga Co, OH
Re: Making a citizens arrest.
I was wondering how long it would take for someone to mention Gomer Pyle.