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Citizens Arrest - Pro and Con

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  • #16
    snobord99
    Senior Member
    • May 2009
    • 2318

    Originally posted by SVT-40
    LEO's can only make arrests on misdemeanor crimes which occur in their presence and felonies which did not occur in their presence.
    Myth. They can arrest whenever there's PC whether it's a felony, misdemeanor or infraction. There's no presence requirement to having PC.
    Everyone opposes judicial legislation until the judiciary legislates in their favor.

    Comment

    • #17
      code33
      Senior Member
      • Nov 2004
      • 971

      How? Please give some examples.

      Originally posted by snobord99
      Myth. They can arrest whenever there's PC whether it's a felony, misdemeanor or infraction. There's no presence requirement to having PC.
      Disclaimer:
      I am not a lawyer. Nothing in my posts should be considered legal advice.

      Got ORI?

      Front Sight Diamond Member

      Comment

      • #18
        bohoki
        I need a LIFE!!
        • Jan 2006
        • 20816

        its your word against them and when le arrives you both have identical credibility

        Comment

        • #19
          BigDogatPlay
          Calguns Addict
          • Jun 2007
          • 7362

          Originally posted by code33
          How? Please give some examples.
          -- Rifle, Pistol, Shotgun

          Not a lawyer, just a former LEO proud to have served.

          Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

          Comment

          • #20
            snobord99
            Senior Member
            • May 2009
            • 2318

            Originally posted by code33
            How? Please give some examples.
            You know what, nevermind. I was thinking of something else, ignore what I said.
            Everyone opposes judicial legislation until the judiciary legislates in their favor.

            Comment

            • #21
              TRICKSTER
              I need a LIFE!!
              • Mar 2008
              • 12438

              Originally posted by snobord99
              Myth. They can arrest whenever there's PC whether it's a felony, misdemeanor or infraction. There's no presence requirement to having PC.
              How in the world can you make such a strong (and erroneous) statement and just say forget it when called on it?


              Never underestimate the power of stupid people in large groups

              Comment

              • #22
                retired
                Administrator
                CGN Contributor - Lifetime
                • Sep 2007
                • 9409

                Originally posted by TRICKSTER
                How in the world can you make such a strong (and erroneous) statement and just say forget it when called on it?
                Evidently you missed his other statement:

                I was thinking of something else, ignore what I said.


                So, let's just let it lie.

                Comment

                • #23
                  BigJim_610
                  Member
                  • Apr 2009
                  • 261

                  Well here is what I know

                  I was assaulted on my own property and detained the person while my wife called the SO.

                  The SO took my statement and observered as well as took pictures of my injuries. He then asked me if I wanted the person arrested, I did, he filled out a form that I signed and the person that assaulted me was arrested and remains in jail today.
                  The person has been charged with a 242, 243.e and other charges.

                  Originally posted by retired
                  Evidently you missed his other statement:



                  So, let's just let it lie.

                  Comment

                  • #24
                    joleee
                    Junior Member
                    • Jul 2010
                    • 2

                    Hello,
                    Newly registered and first time post. My neighbor wants to arrest me for my dogs barking. Is this possible? Any suggestions?....We all have 1 acre lots and lot's of dogs bark, I'm being targeted and am angry. The neighbor has my phone number and swears it's all my dogs. uhhhg.

                    Comment

                    • #25
                      code33
                      Senior Member
                      • Nov 2004
                      • 971

                      Welcome aboard.
                      I suggest you start a new thread on your specific topic.

                      Originally posted by joleee
                      Hello,
                      Newly registered and first time post. My neighbor wants to arrest me for my dogs barking. Is this possible? Any suggestions?....We all have 1 acre lots and lot's of dogs bark, I'm being targeted and am angry. The neighbor has my phone number and swears it's all my dogs. uhhhg.
                      Disclaimer:
                      I am not a lawyer. Nothing in my posts should be considered legal advice.

                      Got ORI?

                      Front Sight Diamond Member

                      Comment

                      • #26
                        winnre
                        Calguns Addict
                        • Apr 2010
                        • 9214

                        What about when a security guard makes an arrest, like for shoplifting or trespassing? Is that a citizen's arrest?
                        "If Jesus had a gun he would be alive today"-Homer Simpson

                        Comment

                        • #27
                          code33
                          Senior Member
                          • Nov 2004
                          • 971

                          Yes, a security guard will make a private person's arrest. Authority under 837 PC.

                          See page 8:


                          Originally posted by winnre
                          What about when a security guard makes an arrest, like for shoplifting or trespassing? Is that a citizen's arrest?
                          Disclaimer:
                          I am not a lawyer. Nothing in my posts should be considered legal advice.

                          Got ORI?

                          Front Sight Diamond Member

                          Comment

                          • #28
                            5shot
                            Senior Member
                            • May 2008
                            • 1264

                            Originally posted by winnre
                            What about when a security guard makes an arrest, like for shoplifting or trespassing? Is that a citizen's arrest?
                            Yes, but you have to remember that security guards or loss prevention agents work for companies who maintain liability insurance/legal departments to cover their employees.
                            As a private citizen, your going to be responsible for your own legal fees.
                            John Bishop
                            Member: NRA Life, CRPA, WEGC

                            Comment

                            • #29
                              norcal01
                              Member
                              • Feb 2010
                              • 189

                              Originally posted by winnre
                              What about when a security guard makes an arrest, like for shoplifting or trespassing? Is that a citizen's arrest?
                              If I recall correctly, isn't there some specific language in the penal code specifically addressing storeowners and their employees and their rights to apprehend shoplifters? I may be wrong but I thought there was something specific to that situation....

                              Comment

                              • #30
                                joleee
                                Junior Member
                                • Jul 2010
                                • 2

                                Originally posted by code33
                                Welcome aboard.
                                I suggest you start a new thread on your specific topic.
                                Oh, okay thank you! I will figure how this site works with a little help.

                                Comment

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