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Civilian Arrest https://www.waguns.org/viewtopic.php?f=33&t=95364 |
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Author: | oldkim [ Mon Nov 05, 2018 6:53 pm ] |
Post subject: | Civilian Arrest |
Well, never really did any research on this topic. Was pretty sure it’s like the Stand Your Ground and Good Samaritan common laws. Found more than I had thought. So here’s some food for thought. Odd sources as one is from the DOL. I pretty much knew about felonies but not misdemeanors and a district judge... “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. A person can also conduct a citizen’s arrest for felonies.” https://www.dol.wa.gov/business/securit ... rrest1.pdf 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. http://app.leg.wa.gov/RCW/default.aspx?cite=10.04.020 As the web site says... Arrest for Misdemeanor (mainly in for shoplifting, etc) but it does cover your rights if the criminal act is done in front of you. (see link) https://www.atg.wa.gov/ago-opinions/arr ... en-officer Interesting viewpoint (fear of litigation) https://blog.seattlepi.com/seattle911/2 ... ns-arrest/ State by State http://solutions-institute.org/tools/ci ... -by-state/ |
Author: | OhShoot! [ Mon Nov 05, 2018 7:05 pm ] |
Post subject: | Re: Civilian Arrest |
Author: | cityslicker [ Mon Nov 05, 2018 7:18 pm ] |
Post subject: | Re: Civilian Arrest |
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Author: | Wetpaperbag [ Mon Nov 05, 2018 8:19 pm ] |
Post subject: | Re: Civilian Arrest |
Does that mean I could have conducted a Citizens Arrest on the Pierce County officers who left the academy this afternoon, and were speeding their way back home through both Mason and Thurston counties? |
Author: | Guns4Liberty [ Mon Nov 05, 2018 8:32 pm ] |
Post subject: | Re: Civilian Arrest |
Wetpaperbag wrote: Does that mean I could have conducted a Citizens Arrest on the Pierce County officers who left the academy this afternoon, and were speeding their way back home through both Mason and Thurston counties? Or an officer serving an ex parte order to illegally seize my firearms without due process...? |
Author: | quantsuff [ Mon Nov 05, 2018 9:38 pm ] |
Post subject: | Re: Civilian Arrest |
Guns4Liberty wrote: Wetpaperbag wrote: Does that mean I could have conducted a Citizens Arrest on the Pierce County officers who left the academy this afternoon, and were speeding their way back home through both Mason and Thurston counties? Or an officer serving an ex parte order to illegally seize my firearms without due process...? If you are referring to washington state's ERPO, then it IS ex parte, but it is not illegal, and is due process according to current law. Plan accordingly. http://app.leg.wa.gov/RCW/default.aspx?cite=7.94 |
Author: | leadcounsel [ Mon Nov 05, 2018 10:55 pm ] |
Post subject: | Re: Civilian Arrest |
Attempting a citizen's arrest is all sorts of a bad idea. Risk/reward is terrible. Could go all sorts of sideways and turn violent. You might be looking at a lethal force case/requirement. You'd open yourself up to kidnapping allegations, civil lawsuits, wrongful arrest/detention, and so forth. Not good. Best is to just be a good witness and report to cops. Take pictures, get descriptions, etc. |
Author: | TechnoWeenie [ Mon Nov 05, 2018 11:27 pm ] |
Post subject: | Re: Civilian Arrest |
Here's my understanding, in WA. Felony - Can arrest with reasonable suspicion. Misdemeanor - Can arrest if the crime is observed and it's a breach of the peace. Now, the advantage to bringing in an arrest can actually help you, IMO. For example, use of force may be otherwise unlawful. Ie if I beat up a guy breaking into my car = illegal. If I place him under arrest and he resists it's now 'reasonable force to effect an arrest'..You may also detain someone that's on your property... (RCW 9A.16.020)
.....and them resisting the arrest is a felony in of itself.... (RCW 9A.36.031)
You need to be very careful though, as if they plea bargain down to a misdemeanor, you could lose any of the tiny legal protection you have... In addition, threatening to arrest someone can be a felony in of itself.... (RCW 9A.36.070)
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Author: | oldkim [ Tue Nov 06, 2018 5:05 am ] |
Post subject: | Re: Civilian Arrest |
You all realize that we basically had all watched the basics of a civilian recently step in after a stabbing in Seattle Center. He was detaining and holding off the stabber until police came. |
Author: | Massivedesign [ Tue Nov 06, 2018 7:17 am ] |
Post subject: | Re: Civilian Arrest |
oldkim wrote: You all realize that we basically had all watched the basics of a civilian recently step in after a stabbing in Seattle Center. He was detaining and holding off the stabber until police came. I wouldn't consider that detaining.... Distracting yes, detaining, no. |
Author: | oldkim [ Tue Nov 06, 2018 8:22 am ] |
Post subject: | Re: Civilian Arrest |
He wasn’t free to leave. That is the definition of detain. Yes, the stabber wasn’t restrained, tackled, handcuffed and shown a conceal carry badge but for the vast situations in a populated area where police response is 5-10 min. Restraining someone is a losing venture. But the civilian did right by whatever you want to call it but the stabber wasn’t free to leave. |
Author: | AR15L [ Tue Nov 06, 2018 8:53 am ] |
Post subject: | Re: Civilian Arrest |
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. |
Author: | Guns4Liberty [ Tue Nov 06, 2018 9:07 am ] |
Post subject: | Re: Civilian Arrest |
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. Bad things would ensue. Good guy didn't look ready to use his firearm. Not trying to armchair quarterback him, but I think he got really lucky it played out as well as it did. |
Author: | oldkim [ Tue Nov 06, 2018 9:30 am ] |
Post subject: | Re: Civilian Arrest |
Lots of what if.... Yes it’s clear that the civilian didn’t expect the stabber not to listen. Most likely thought the stabber would lay down and give up OR fight and become a threat to self or others. The gray area is the key piece to any self defense/civilian arrest/involvement situation. Change one piece can literally mean life or death. It really falls into what one knows at the time. You can’t predict the future. So these events are good to learn from. In the end this was the right progression with the events that happen at the time. No one else was harmed, good guy did okay. For those playing the what if game... simply factor things like he’s fleeing but yelling he’s going to kill others or starts stabbing others with his back turned. Being aware of what is standing “back stop” and always the possibility there may be more than one BG. Distance, cover and fields of view (this was outside - but change that to hallway can change things). |
Author: | Old Growth [ Tue Nov 06, 2018 9:52 am ] |
Post subject: | Re: Civilian Arrest |
Sometimes there is a point at which mace/pepperspray/tazer is more useful than a firearm. There is often the need to detain or put someone down, but not kill/maim them. |
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