"Citizen's arrest! Citizen's arrest!"
Posted on 04/16/2018 6:38:28 AM PDT by spacewarp
I remember that citizen arrests were considered legal at one point, but I don't know if they are anymore. And if they are, does that apply to members of Congress when we're clearly seeing them perform acts of treason and sedition?
If they are, what is the process? Do we have to have a warrant? Or just approach the subject, inform them they are being arrested for sedition and treason, and then deliver them to the nearest police station?
Who knows, anything goes in these times. Keep in mind that if you are conservative, it is probably illegal. If you are a RAT or one of their victim groups, citizen arrest would probably be considered legal, or at least not punishable.
You are gonna have to figure out how to contain their ARMED security.
As soon as you move towards them, especially with a treason/sedition charge, YOU are making yourself a potentially dangerous target of their ARMED security and better have a pretty good plan from that point on.........
This is certain to be an entertaining thread!
In very limited circumstances, such as detaining a criminal caught in the act until the police arrive, it is OK. And then you better be correct or you can face kidnapoing charges. And it had best be a felony type charge where you are protecting the public from imminent harm — e.g., a robber or some such.
It does not apply when the police are available to act, but have declined or delayed for whatever reason.
So “no” in your circumstance.
"Citizen's arrest! Citizen's arrest!"
The solution to the problem you described is not to execute a citizen’s arrest, but to vigorously support the candidates of your choice.
And that’s the way it must be. Otherwise, during the Obama years most leading conservatives would have been arrested.
"...citizen arrest..."
In the county where my folks live and they live in the mountains, they have what’s called “open warrants” where they can arrest and detain trespassers. In any call it takes the sheriff almost an hour to get to that area provided they’re not busy elsewhere.
I caught someone stealing my truck stereo and I hesitated to jump him. The cop said I should have grabbed him and informed him "This is a citizens arrest and we can make it as hard as you want to make it".
Great points. The issues you mention are the reasons ranchers and others on the border have found themselves in a lot of hot water detaining illegals on the border for Border Patrol.
Just a bad idea to detain people; citizen's arrest or whatever unless it has to be done to stop imminent harm.
Nail on the head!
It has to be a clear cut felony, in-progress, with imminent harm. Even then you are on shaky ground.
(You’re most likely to get detained on a 72 hour psychiatric hold, while the DA charges you with crimes. Especially if you approach one of our Mastermind Overlord’s with talk of sedition.)
In the Alternate-Universe, these Overlord Mastermind’s, might be dragged from their Castle’s into the street, shot in the head, and their entire extended families would be disappeared.
In the interim however;
The LAST legal methodology, given to us in our Constitution, to contain these people:
https://conventionofstates.com/
(after that, all bets are off.)
Citizen’s arrests are authorized under state law rather than federal. One exception may be in Title 18, Section 2236 due to poor wording that includes the phrase “any person”.
State laws, of course, vary. In Texas, if memory serves, a citizen can make an arrest of a person if the citizen observes a felony crime being committed in his or her presence by the person being arrested. However, the felony must be serious enough to mandate a minimum of a one-year sentence. Unless you know law very well, it would be hard to make that assessment at the time.
This would give a person reasonable latitude if for example, you witness an armed robbery, aggravated assault (usually this means with a deadly weapon), or capital murder.
Of course, the law is a lot more subjective than a lot of people imagine or wish were the case. In some places, the district attorneys and law enforcement might pin a medal on a person for bravery, while in another jurisdiction the same act might bring down the full wrath of the law resulting in long-term incarceration.
Bottom line though, you cannot lawfully go “arrest” criminal judges and legislators.
But when a soft coup or silent war goes hot, ordinary laws do not apply any longer.
Nice screen name BTW.
In this day and age, videos of posters with traitors names and crimes uploaded to the internet are much more effective. Around the world before they can take it down.
I think actually witnessing a crime vs. believing a crime occurred is a distinction.
I might believe treason was committed but that is difficult to prove, especially when you didn’t witness the acts.
In NC we can detain people, but we can’t arrest them.
https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_20.pdf
(a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section.
(b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
Oh certainly. My example was about as simplistic as it can be.
Then there is the whole different laws for different people. Even if you see an important person commit a crime you better not try a citizens arrest on him/her.
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