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Old 09-16-2019, 03:53 AM
 
1,488 posts, read 1,973,787 times
Reputation: 3249

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Quote:
Originally Posted by Cloudy Dayz View Post
Please quote that statute. I would love to read it. The police investigated the police and determined that the police did nothing wrong. So it must be true, because the police would never be biased in favor of a fellow police officer.
No I wont. You ignore every piece of factual and non biased information posted by anyone. So I'm not about to go and waste 10 minutes of my life digging up and finding information for you that you will ignore anyway. If your that curious you can find it using google.

Also, I noticed that you ignored all the other parties I mentioned besides the police who said that this guy was wrong. This is because you have no factual basis for your argument. I guess the judge, the IRS and his own security company are all in a big conspiracy with the police to burn this one security guard.
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Old 09-16-2019, 06:01 AM
 
Location: Oregon Coast
15,495 posts, read 9,183,450 times
Reputation: 20453
Quote:
Originally Posted by griffon652 View Post
No I wont. You ignore every piece of factual and non biased information posted by anyone. So I'm not about to go and waste 10 minutes of my life digging up and finding information for you that you will ignore anyway. If your that curious you can find it using google.

Also, I noticed that you ignored all the other parties I mentioned besides the police who said that this guy was wrong. This is because you have no factual basis for your argument. I guess the judge, the IRS and his own security company are all in a big conspiracy with the police to burn this one security guard.
You can't. It doesn't exist. But at least I see where you are coming from. The police arrested him, so he is guilty. Forget about the trial, he is guilty. End of story. LOL.
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Old 09-17-2019, 07:44 PM
 
1,488 posts, read 1,973,787 times
Reputation: 3249
I'm going to try something new because I'm really curious to find out if you even believe your own words or if you are so out of touch with reality that you cant even admit you are dead wrong based on your own information. Here we go, here is your own post about citizens arrests:

Quote:
Originally Posted by Cloudy Dayz View Post
How do you live in the US and understand so little about US law? Tell that to any of the thousands of store security guards who arrest people for shoplifting everyday. In the US any citizen has the power to arrest another person for any crime they witness them do. The security guard witnessed the deputy bring a gun into a government office in violation of federal law.

Citizen's arrest - Wikipedia
Anyway according to your OWN Wikipedia link:

In the United States a private person may arrest another without a warrant, for a crime occurring in their presence. For which crimes this is permitted may vary state by state.

The above is what I was referring to when I said I can post state statues proving that your dead wrong (as usual). Even in your own wiki link it states that citizens CANNOT ARREST OTHERS FOR ANY CRIME IN THEIR PRESENCE. The crimes they can make citizens arrests for are almost always limited only to felonies. Here is something else from YOUR OWN LINK regarding specific state statues:

California Penal Code section 837:
837. A private person may arrest another:
  1. For a public offense committed or attempted in his/her presence.
  2. When the person arrested has committed a felony, although not in his/her presence.
  3. When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.
Again, its pretty clear from the above that you can't just make citizens arrests for just any crimes. And this is a law from one of the most liberal states in the US. How is it that you don't even read links you post?? Anyway you claimed that I couldn't post any statues related to citizens arrests proving you are wrong because "they don't exist." Well apparently the proof even exists in your own link you posted!! Well I'm going to list another one just for good measure because I honestly can't stand an individual who makes absolute statements like the one below even when they are so dead wrong that its not even something that needs to be proven:

Quote:
Originally Posted by Cloudy Dayz View Post
You can't. It doesn't exist. But at least I see where you are coming from. The police arrested him, so he is guilty. Forget about the trial, he is guilty. End of story. LOL.
Louisiana State Legislature

As you can see its pretty clear that a citizen can only make an arrest in the case of a felony. A far cry from your BS claim you made of "in the US anyone can make a citizens arrest for any crime they witness." All states have very similar statues where citizens can only make arrests for felonies or a very few misdemeanors. Oh and yet again you completely ignored every other party I mentioned that said the guard was wrong besides the police. I just can't understand how someone can be in denial as bad as you are about being dead wrong. Btw I love how you insult the other poster by saying "they know very little about US laws" when you are the only one who is clueless!! I mean you don't even read the links you post. That's pretty sad.
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Old 09-17-2019, 07:56 PM
 
Location: Arizona
13,445 posts, read 7,432,797 times
Reputation: 10172
I know someone who rear ended a car at a stop light not hard bumper was damaged, but he got scared and drove off. Police caught him a few miles away someone followed. The police brought him back to the scene they had him get out she stood in front of him and pointed "he was the one who hit my car I'm making a citizens arrest" The police told her she have to do that. She saw him because he backed up drove around her to the left. He was charged with misdemeanor because she wasn't hurt and wasn't that much damage over $500 which is just about any fender bender these days. That was California not sure about other states. Loss Prevention detain people all the time I have seen them put people in hand cuffs and take them lock them into a room at Target, and Home Depot.
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Old 09-17-2019, 08:51 PM
 
Location: Ohio
1,037 posts, read 438,554 times
Reputation: 753
The word "Arrest" is at times elusive to exactly define. Arrest in the technical legal sense, at least according to the USSC, is taking a person into custody to answer for a crime. However, states are free to use the term Arrest basically as they wish.

One might say receiving a Citation is a techincal arrest? The word is only important in several ways, one being there is not permitted a search of the person or motor vehicle "Incident to citation". So even if referred to in statutes as an "arrested person" restrictions apply.

Many years ago Cleveland passed an Ordinance that permitted certain licensed Security Guards to arrest for Misdemeanor's committed in their presence. It was repealed a year or two after enactment.

A private person in Ohio can only effect an arrest for an in presence felony, or knowledge of one the person committed, that is, Probable Cause.

However, we have a Revised Code section as such:

2905.03 Unlawful restraint.

(A) No person, without privilege to do so, shall knowingly restrain another of the other person's liberty.

Now, some might call this a technical arrest even though the words "you are under arrest" are not uttered, it is not.

If I witness a person stealing a kid's bike, I can detain that person until the police arrive, taking into account personal safety etc. If I see a person committing Misdemeanor assault, I can detain them and have the "Privilege to do so" as that is a Legal restraint of their liberty.
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Old 09-18-2019, 12:07 AM
 
Location: Oregon Coast
15,495 posts, read 9,183,450 times
Reputation: 20453
Quote:
Originally Posted by griffon652 View Post
Louisiana State Legislature

As you can see its pretty clear that a citizen can only make an arrest in the case of a felony. A far cry from your BS claim you made of "in the US anyone can make a citizens arrest for any crime they witness." All states have very similar statues where citizens can only make arrests for felonies or a very few misdemeanors. Oh and yet again you completely ignored every other party I mentioned that said the guard was wrong besides the police. I just can't understand how someone can be in denial as bad as you are about being dead wrong. Btw I love how you insult the other poster by saying "they know very little about US laws" when you are the only one who is clueless!! I mean you don't even read the links you post. That's pretty sad.
1. That law is Louisiana. This happened in Ohio. So Louisiana law is irrelevant to this case. 2. It doesn't disprove anything I have posted. But nice try anyway.
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Old 09-18-2019, 12:19 AM
 
Location: Oregon Coast
15,495 posts, read 9,183,450 times
Reputation: 20453
Quote:
Originally Posted by kell490 View Post
I know someone who rear ended a car at a stop light not hard bumper was damaged, but he got scared and drove off. Police caught him a few miles away someone followed. The police brought him back to the scene they had him get out she stood in front of him and pointed "he was the one who hit my car I'm making a citizens arrest" The police told her she have to do that. She saw him because he backed up drove around her to the left. He was charged with misdemeanor because she wasn't hurt and wasn't that much damage over $500 which is just about any fender bender these days. That was California not sure about other states. Loss Prevention detain people all the time I have seen them put people in hand cuffs and take them lock them into a room at Target, and Home Depot.
That was the point I was trying to make. Pretty much all arrests are citizen's arrests, unless a cop actually witnessed the crime himself, or has other proof the person committed the crime. Yes the laws very from state to state, but that is generally the way it works. And yes security guards do arrest people for all kinds of crimes, all the time. There was nothing unusual about what this security guard did, other then the fact that he did it to a cop.
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Old 09-18-2019, 04:19 AM
 
51,099 posts, read 36,804,076 times
Reputation: 76818
Quote:
Originally Posted by kell490 View Post
I know someone who rear ended a car at a stop light not hard bumper was damaged, but he got scared and drove off. Police caught him a few miles away someone followed. The police brought him back to the scene they had him get out she stood in front of him and pointed "he was the one who hit my car I'm making a citizens arrest" The police told her she have to do that. She saw him because he backed up drove around her to the left. He was charged with misdemeanor because she wasn't hurt and wasn't that much damage over $500 which is just about any fender bender these days. That was California not sure about other states. Loss Prevention detain people all the time I have seen them put people in hand cuffs and take them lock them into a room at Target, and Home Depot.
I’ve seen the locked room but not people being brought it in handcuffs. They still aren’t making a citizens arrest though. They are holding them for the police to come and make an arrest. I don’t understand what happened in your friends story, because that’s very unusual for that to happen. Normally the police would ticket them for leaving the scene of an accident. Normally the police would give them tickets for leaving the scene of an accident why didn’t they do so in this case? It doesn’t make sense because in the stuff I’m reading right now it says you can only make a citizens arrest for a felony and this was not a felony.

Last edited by ocnjgirl; 09-18-2019 at 04:30 AM..
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Old 09-18-2019, 04:21 AM
 
51,099 posts, read 36,804,076 times
Reputation: 76818
Quote:
Originally Posted by Cloudy Dayz View Post
That was the point I was trying to make. Pretty much all arrests are citizen's arrests, unless a cop actually witnessed the crime himself, or has other proof the person committed the crime. Yes the laws very from state to state, but that is generally the way it works. And yes security guards do arrest people for all kinds of crimes, all the time. There was nothing unusual about what this security guard did, other then the fact that he did it to a cop.
My car was once hit in a parking lot while I was in the store. Someone who saw it wrote the license number of the car that hit me and left it on my windshield. I went to the police. They looked up his car was and called him and told him to come into the station. No one ever told me I had to make a citizens arrest.

Last edited by ocnjgirl; 09-18-2019 at 04:29 AM..
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Old 09-18-2019, 04:31 AM
 
51,099 posts, read 36,804,076 times
Reputation: 76818
Quote:
Originally Posted by Cloudy Dayz View Post
That was the point I was trying to make. Pretty much all arrests are citizen's arrests, unless a cop actually witnessed the crime himself, or has other proof the person committed the crime. Yes the laws very from state to state, but that is generally the way it works. And yes security guards do arrest people for all kinds of crimes, all the time. There was nothing unusual about what this security guard did, other then the fact that he did it to a cop.
You are continuing to ignore however that this police officer did not commit a crime and security guard had no right to detain him.
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