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 Civilian Arrest 
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jorgeu wrote:
citizen arrest sounds like something me as a permanent resident, not a citizen, don't have a right to do.


Maybe it's the time to apply for the US Citizenship?

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Last edited by surevaliance on Mon Aug 19, 2019 8:02 am, edited 1 time in total.



Fri Aug 16, 2019 7:28 am
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AR15L wrote:
WHAT IF....
Guy with knife turned around and started walking in a different direction.
Guy with knife dropped it and took off running.
Guy with knife dropped it and charged armed GG.
:popcorn:


A good defensive course will talk about this and I remember Masaad Ayoob talking about this in MAG-40 in particular. If you know Ted Bundy is in your AO and you see him, you MIGHT be in the right in following him and restraining him after calling the authorities. That is after positively identifying TB and knowing of the danger he presents.

if someone is no longer a danger to you, you probably do not have a reason to restrain or pursue. But you can notify authorities.

There is also a principle of overwhelming force (forget its exact title). Man usually overpowers woman. Two men overpower one man. Younger man overpowers older man. Martial arts fighter overpowers normal man without same skills (if you KNOW the person is a martial arts fighter or have reason to assume). Situation will dictate. If the opposer appears to be able to inflict harm on you or another, you may have grounds to resist. I'd attempt to vacate the area to minimize the risk.

Are you in jeopardy NOW?
Does the attacker have the ability and opportunity to inflict harm?

Above is not legal advice.


Fri Aug 16, 2019 2:47 pm
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Be careful about making a career out of policing the cops.



Fri Aug 16, 2019 2:54 pm
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surevaliance wrote:
jorgeu wrote:
citizen arrest sounds like something me as a permanent resident, not a citizen, don't have a right to do.


Maybe it's the time to apply for the US Citizenship?

https://www.dol.wa.gov/business/securit ... rrest1.pdf

Department of Licensing
Summary of Citizen Arrest

October 11, 2005

Citizen Arrest in Washington State

Under Washington law, a private person can conduct a citizen’s arrest for a
misdemeanor if the misdemeanor: (1) was committed in the citizen’s presence and
(2) constituted a breach of the peace. State v. Gonzales, 24 Wn. App. 437, 439,
604 P.2d 168 (1979); Guijosa v. Wal-Mart Stores, 101 Wn. App. 777, 791, 6 P.3d
583 (2000).

A person can also conduct a citizen’s arrest for felonies. See State v.
Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986) citing State v. Miller, 103
Wn.2d 792, 698 P.2d 554 (1985) and State v. Gonzales, 24 Wn. App. 437, 604
P.2d 168 (1979).

RCW 10.04.020 provides for a citizen’s arrest at the direction of a district
court judge, as follows: Arrest -- Offense committed in view of district judge.
When any offense is committed in view of any district judge, the
judge may, by verbal direction to any deputy, or if no deputy is present, to any
citizen, cause such deputy or citizen to arrest such offender, and keep such
offender in custody for the space of one hour, unless such offender shall sooner be
taken from such custody by virtue of a warrant issued on complaint on oath. But
such person so arrested, shall not be confined in jail, nor put upon any trial, until
arrested by virtue of such warrant.

While Washington has no statute concerning citizen’s arrests generally,
RCW 9A.04.060 provides that the common law is applicable where not repugnant
to the provisions of the state constitution or statutes. Gonzales, 24 Wn. App. at
439; State v. Miller, 103 Wn.2d 792, 795, 698 P.2d 554 (1985).

Application of the common law doctrine of citizen’s arrest is demonstrated
in the synopsis of the case below:
Instruction on lawful arrest in prosecution for third degree assault,
arising from defendant's resistance to apprehension by store personnel, did not
improperly state the law; although language was taken from statute which sets
forth defense available to store personnel who have detained a suspected shoplifter,
statutory language was consistent with common-law right of citizen arrest which
permits detention of a suspected shoplifter on reasonable grounds. State v. Jones
(1992) 63 Wash.App. 703, 821 P.2d 543, review denied 118 Wash.2d 1028, 828
P.2d 563. Assault And Battery 96(3); Criminal Law 808.5


Moreover:
https://www.atg.wa.gov/ago-opinions/arr ... en-officer



Why do you say he should apply for citizenship, nothing you quote states anything about that?

While it's often been popularized on TV as a 'citizen's arrest', and a lot of code & opinions refer to it as such, there's usually no mention in the code about defining the 'citizen', other than it's non-LEO...

As long as you have legal status, and no warrants, I don't see anything else that might bar someone from this concept.


Fri Aug 16, 2019 8:37 pm
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jackass

I believe the term you are looking for is disparity of force.


Sun Aug 18, 2019 8:59 pm
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Suddenly, I'm glad there's a poster here named jackass...


Sun Aug 18, 2019 9:15 pm
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hartcreek wrote:
jackass

I believe the term you are looking for is disparity of force.


that's it


Mon Aug 19, 2019 4:02 am
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NWGunner wrote:
Suddenly, I'm glad there's a poster here named jackass...


and hotmail keeps asking me to change my name.

and LinkedIn deleted my account (well someone wanted to friend me).


Mon Aug 19, 2019 4:03 am
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NWGunner wrote:
surevaliance wrote:
jorgeu wrote:
citizen arrest sounds like something me as a permanent resident, not a citizen, don't have a right to do.
Maybe it's the time to apply for the US Citizenship?

Why do you say he should apply for citizenship, nothing you quote states anything about that?

Because jorgeu is concerned about his non-Citizen status...

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Mon Aug 19, 2019 7:58 am
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