Citizens arrest

FBIs Most Wanted still posted here in the Post Offce Lobby

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

I would not think twice!!!!

In the state of GA. one can make a cit. arrest. If a mis. was committer in your pres. or if the crime was a felony. But this not give a rirgt to transport .

In Arizona, there are clear statutes regarding arrest by "private person", such as ARS 13-3881.(Ch 38, Article 7), 13-3884. (Ch 38, Article 7), 13-3889. (Ch 38, Article 7), 13-3892.(Ch 38, Article 7) and 13-3900.(Ch 38, Article 7). However, like I read in a previous post each LE department can interpret the rules their own way. Here, a BEA/FRA becomes this "private person" only when contracted by a bondsman, proper paperwork ready to show any LEO. Many years ago there was a problem with self-proclaimed bounty hunters committing home invasions, which brought on the statutes and governance by the ADOI. There's been plenty of times I see a known wanted felon walking down a street in my city, and all I can do is grit my teeth and call my buddy the detective and give him the location. Then there's pretty much nothing he can do but watch and wait for him to leave the residence, and they have better things to do than wait around. Ultimate in frustration for all.

And I agree, if bin Laden was that guy walking around, he'd get tackled, no question. But in reality, not a good idea in general in my humble opinion...definitely not a good choice in AZ.

Using the right to citizen’s arrest also leaves a big gaping hole for a legal action. After making a dumb decision, for the right reasons, I chased and detained a person for shop lifting from Wal-Mart. For those that do not know, Wal-Mart (and most other establishments) has a policy that prohibits employees from leave the store to apprehend a shoplifter. When the employees stopped the chase (at the front doors), I picked it up. I caught the guy 3 miles later, about two doors down from his house....his friends (5 had arrived by the time the police showed up; one was his girlfriend on a golf cart; great get away vehicle) approached to help him out. I held him down, "comfortably secure", to keep from hurting him or myself. I ended up getting a hunk bitten out of my arm by this....Eh Hmm...fine upstanding citizen, while defending kicks from his friends. Afterwards, he filed against me with several different charges. The Magistrate or DA (whoever read the charges) dropped all after reading the police, security officer, and witness’s statements.

I say all of this to bring up three points:
1) Be aware that Citizens Arrest's can leave you open for a civil case. The plaintiff wins most of these cases, if you look into the statistics.
2) It is dangerous to invoke your rights to Citizen Arrest. You never know if that guy next to your guy is waiting for the bus or a friend of the subject. Use your field experience. Be very aware of your surroundings. It is, typically, better to make it home than to be the hero. They can also be another concerned citizen that thinks you are in the wrong and begins helping the subject (had that happen on a case).
3) Were Bin Laden walking down the road, the least of your worries is apprehending him. I know this was super hypothetical but just to stay with the Bin Laden example; someone like him is never alone. You would not be allowed to get within 10 feet of him before a sniper or 20 bodyguards would "take you out". It is better to call in a situation than to risk your life. Maybe tail him, with authorities on the phone, but even that should only be attempted if you have vast experience. Believe me when I say, Bin Laden is always surrounded with people that are better trained and more willing to die than you are.

_________________
********************
Thomas SnoWolf
FRN# 1999
GAPB 20120726
NSIS ST0707
http://www.rocksolidrg.com
"The hero is not the man that acts without fear,
He is the man that acts inspite of fear"

More willing to die? Yes.
Better trained? Not always. Look at some of the more elite military members that are also members of our community.

I'd say the appropriate response to Osama would be a well placed .22LR between the eyes so that it can bounce around in his skull with no exit wound. That might be too humane for him though. Haven't decided yet.

_________________
Kevin
Legal Process Enforcement, LLC
d.b.a. MN Bail Enforcement