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As thief gets away with caution, boss who marched him to police lands false imprisonment charge
dailymail.co.uk ^ | 11/28/08 | Andrew Levy and James Slack

Posted on 11/27/2008 5:48:33 PM PST by TornadoAlley3

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To: DieHard the Hunter

The first thing that comes to mind is ‘curbing’. When the law fails to do their part in the social contract all bets are off.


21 posted on 11/27/2008 7:10:50 PM PST by Sharrukin
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To: Lurker

> Actually it wouldn’t.

Interesting. What do you believe would happen if you paraded a suspect thru the streets with a sign around his neck?

Else I’m mistaken you could be done for defamation if you did that. And if you do not follow Citizen’s Arrest procedures properly you could be done for False Arrest/Imprisonment.

(I’ve based my answers on our Manual, which was written in the US for a US audience)


22 posted on 11/27/2008 7:13:35 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter
What do you believe would happen if you paraded a suspect thru the streets with a sign around his neck?

Around here? Not much other than a hearty handshake from the local prosecutor. As long as we were on our way to the PD, he'd likely do nothing more than chuckle.

Else I’m mistaken you could be done for defamation if you did that.

Could be. Of course the perp would actually have to find a lawyer who'd be willing to file such a suit in my jurisdiction. Chances are any barrister attempting such a thing in my jurisdiction would be sanctioned for wasting the courts time.

And if you do not follow Citizen’s Arrest procedures properly you could be done for False Arrest/Imprisonment.

Our procedures contain no proscription against hanging an identifier on the perp. If they did every cop in the county would be liable for making them wear the county issued orange jumpsuit.

(I’ve based my answers on our Manual, which was written in the US for a US audience)

You do realize that we have 50 different States, all of which have different laws, rules, regulations, and procedures. Were I you I'd consult with an NZ barrister and get a manual written to conform you your countrys laws.

In my jurisdiction the only thing that makes the arrest powers of any citizen different from that of a sworn Officer is that the Officer can arrest for a misdemeanor, while a Citizen can only make an arrest in a Felony case.

L

23 posted on 11/27/2008 7:20:35 PM PST by Lurker ("America is at that awkward stage. " Claire Wolfe, call your office.)
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To: Lurker

> Were I you I’d consult with an NZ barrister and get a manual written to conform you your countrys laws.

Great minds think alike: that was my very first task upon receiving The Manual three years ago.


24 posted on 11/27/2008 7:25:29 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter
You miss the critical point of the discussion:

In the US, the guy who stole a few thousand from his erstwhile patron would be laughed out of court if he chose to take it that far.

The police would probably keep the sign as a trophy.

And, the guys who brought him in would be famous for an hour.

Unless, of course, well, that is..., I guess, unless he (or she) was of some different orientation or origin that had official sanction.
In that case, never mind.

25 posted on 11/27/2008 7:42:58 PM PST by norton
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To: norton

> Unless, of course, well, that is..., I guess, unless he (or she) was of some different orientation or origin that had official sanction.
In that case, never mind.

(grin!) Don’t most of your thiefs fall into that category?


26 posted on 11/27/2008 8:11:29 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter
Only in a statistical sort of way.

And we all know that statistics lie.

(I did know this guy way back in the Army....
I think Rick had a fetish for shiny objects.)

27 posted on 11/27/2008 11:21:17 PM PST by norton
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...
Simon Cremer took action against Mark Gilbert after learning he had cashed a forged company cheque. He hung a sign reading 'Thief' on Gilbert and paraded him past shoppers on a busy high street before handing him to police... Mr Cremer and three workers from his carpet fitting firm who helped him overpower the sub-contractor have all been charged with false imprisonment - an offence that carries a maximum life term.
Obviously, they should have killed his sorry ass and thrown the carcass into the dumpster out back.
28 posted on 11/28/2008 7:21:12 AM PST by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile finally updated Saturday, October 11, 2008 !!!)
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