-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
Questions for LEO's.....citizens arrest.
- Thread starter Comanche
- Start date
Bull ****, bull ****, bull ****! The op asked a valid question, Give him an honest reply or not... Don't; be an ignorant ****.
You are watching too much TV.. Don't do it, to much liability involved not to mention potential harm to you.. Get all the information you can and call 911
Actually I haven't watched cops for about 20 years and don't watch much TV at all, maybe one or two movies on the weekend when the family is winding down.
I just remembered the episode from cops where the cops highly encouraged the civilian to make a citizens arrest and they agreed to back them up in court should they need to.
Citizens can make an arrest... But there are requirements to doing it. Retail loss prevention agents do it daily, but the question is why would you want to? If it's a force able felony are you going to attempt an arrest, or follow OCGA 16-3-21 and use deadly force? Arrest is best left on the "streets" to uniformed LEO, unless it is a forceable felony.
Then its it's a judgement call under the "reasonable man" provisions of Georgia law.
Then its it's a judgement call under the "reasonable man" provisions of Georgia law.
The problem with it in general isn't the legality (although that is really messy), it's the liability.
Even if you do everything perfectly from a legal standpoint, you can still end up in civil court for violating that person's rights. In fact this is almost guaranteed, and even if you win you lose since defending yourself just cost you two years of your life and thousands of dollars you will never see again.
Unlike using lethal force, there is no civil immunity for this. You can be found 100% innocent in the almost-inevitable criminal trial, and still get your butt handed to you in civil court.
This falls into the same category as using lethal force to stop a 'fleeing felon'. The legal minefield around these situations is so wide and unpredictable, the only right answer is not to be there at all.
Even if you do everything perfectly from a legal standpoint, you can still end up in civil court for violating that person's rights. In fact this is almost guaranteed, and even if you win you lose since defending yourself just cost you two years of your life and thousands of dollars you will never see again.
Unlike using lethal force, there is no civil immunity for this. You can be found 100% innocent in the almost-inevitable criminal trial, and still get your butt handed to you in civil court.
This falls into the same category as using lethal force to stop a 'fleeing felon'. The legal minefield around these situations is so wide and unpredictable, the only right answer is not to be there at all.
Yep, but sometimes it's just worth it to kick a fleeing felons ass.....LOL.
If everyone just stood back and watched as the bad guys did their thing then our society will end up just like the guys in china that witnesses the little girl get ran over repeatedly by vehicles in an alley and just walked by like it was nothing.
Did not want to get involved.
I'd hate to see society turn into this because people are so afraid of the liability of getting involved.
Not me Bro.....I'm chasing down the perp and taking one for the team.
And please don't take my remarks as a direct assault on you as this is just my opinion and I'm just wired that way.....always have been since kindergarten when I ran across the playground and tackled the biggest fifth grader in the school and began pounding him until the teacher yanked me off of him because I witnessed him push my Sister down.
I know there are laws and there is right and wrong.........then there is the grey area in between deciphering wether or not to step into that mix.
Make sure you have a bail bondsman on speed dial and a good lawyer on retainer. Or, become an LEO...
Similar threads
