Treo:284008 said:Why are we digging up a year old thread to start a flame war?
Why are we digging up a year old thread to start a flame war?
When was the last time a garbage man or taxi driver had the power to arrest you or take you to jail?
RCW 9A.16.020
Use of force — When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
In connection with the general question, this office, in an opinion dated December 27, 1927, to the director of health (1927-28 AGO 427), stated that: ". . . If a crime is actually being committed in one's presence, a person, whether he be a peace officer or not, has the power to arrest without warrant. . . ."
Later, in an opinion dated July 31, 1928, to the chief of the highway patrol (1927-28 AGO 867), it was said that:
". . . every citizen has the right to arrest any person [[Orig. Op. Page 4]] whom he actually observes in the act of committing a misdemeanor. . . ."
In 4 Am.Jur., Arrest, § 35, it is said that:
"While the authority of a private person to arrest is more limited than that of an officer, in general it may be said that a private person may arrest an offender against criminal laws where the offense is committed in his presence; . . ."
And in § 38:
". . . a private person may arrest for an affray or breach of the peace committed in his presence, and while it is continuing, but not for a misdemeanor on suspicion, regardless of how well it is grounded. . . ."
The same authority exists for a private person to make an arrest as an officer for misdemeanor committed in his presence, under the common law. In this state, it has been held that the right of an officer to make an arrest without a warrant exists even though the misdemeanor committed in his presence be not a breach of the peace. (State v. Deitz, 136 Wash. 228.) Also, cf.State v. Olsen, 43 Wn. (2d) 726. A private person, if the arrest by him be lawful, is accorded the same right and privileges as officers in accomplishing the purpose. Smith v. Drew, 175 Wash. 11.
Commonwealth v. Harris, 11 Mass. App. Ct. 165 (1981). Citizen's Arrest. "In Massachusetts a private person may lawfully arrest someone who has in fact committed a felony... The stricter requirement for a citizen's arrest -- that the person arrested be shown in fact to have committed a felony -- is designed to discourage such arrests and to prevent "the dangers of uncontrolled vigilantism and anarchistic actions." ...Generally, the person arrested must be convicted of a felony before the "in fact committed" element is satisfied and the arrest validated. If the citizen is in error in making the arrest, he may be liable in tort for false arrest or false imprisonment."
Well ive been pulled over while carrying and was never asked. Same with my girlfriend she just got a speeding ticket last week by a state trooper and she never got asked if she had any weapons in the car.thedub88:283935 said:No do we do not have that system. If pulled over and asked if theres any weapons in the car then we have to notify the LEO that you are carrying and licensed to then wait for further instruction.Otherwise we just give them our drivers license and registration and wait for the ticket.
Thats not what I heard. I'm being told that when the leo runs your plates or your drivers licence, a big "C" comes up on the screen
Thats not what I heard. I'm being told that when the leo runs your plates or your drivers licence, a big "C" comes up on the screen
I dunno...people really like to argue about this topic...
Or completely miss the point of a post like apple answering g50
I always get a good laugh outta this topic
Well, I guess I owe everyone here and apology, not for what I said as I meant it to be cute, but for making you think I'm trying to start a flame war. Totally not intentional. I thought the subject was worth posting on. I'm new to guns and this sight and find this subject interesting. Sorry if you all thought I was trying to start trouble. I'll be more serious from here on out, no laughter allowed. Got it.
Anyway I handed him the license, reg and ccp. He looked at it and asked where it was. I told him it was right hip and he asked me to keep my hands on the wheel and he was going to remove the weapon. I agreed and after this he had me step out of the car for a quick pat down. After that he asked why I was carrying and that started the discussion.....15 minutes later he placed the weapon on my passenger seat, unloaded and asked that I wait till he is gone to load it. He also informed me that I was going 74 mph and in that spot it is a 50 mph zone. (290 s turns toward auburn for those close)He said have a good night slow down and to try not to pass state troopers on the highway. It was worth it to me to put the time in to try to avoid the ticket and it worked. I have in the past gotten out of 4 possible tickets this way and this was the only time I was disarmed or removed from the car. I also did not make it in time for he parts and had to go back the next day.
Well. let's see....I've gotten away with just a warning for speeding no less than three times while carrying a firearm. Neither the officer nor I mentioned it and nobody felt the need to do anything with my gun other than leave it alone in it's holster untouched. Some people might think it is worth it to put everyone at increased risk of a negligent discharge by unneccesarily inviting the officer to handle a loaded gun on the side of the road in the hopes of endearing themselves to the police officer to try to get out of a ticket they completely deserve to get. I won't.
It is not required under Ma. Law that you tell the police officer. That said, when a police officer approches any vehicle he is on a higher level of 'stress', there is no such thing as a 'simple' traffic stop, for all he knows you may have two body's in the trunk. Police have been shot at 'simple' traffic stops. I sugguest as a courtesy, that you include your LTC with your drivers license and registration, as you hand it over tell him your showing him your LTC also, this should lower his stress level as he will know instantly that your not a 'bad guy', they are not issued a LTC. He will find out you have one anyway when he enters your info into his computer. When he comes back to you he may just extend you a courtesy by not giving you a ticket. Just a consideration, your choice.
I dont think we were talking about cab drivers, or anything/anyone other than law enforcement officers, stay on message NavyLCDR.
I sugguest as a courtesy, that you include your LTC with your drivers license and registration, as you hand it over tell him your showing him your LTC also, this should lower his stress level as he will know instantly that your not a 'bad guy', they are not issued a LTC. He will find out you have one anyway when he enters your info into his computer. When he comes back to you he may just extend you a courtesy by not giving you a ticket. Just a consideration, your choice.
When he comes back to you he may just extend you a courtesy by not giving you a ticket. Just a consideration, your choice.
OK,
Seems to me like you are hoping for the courtesy of getting out of a ticket that you deserve to get by showing your "membership" card.
All indicators point that all this talk of "officers just want to go home at night safe to their families", "it puts the officer at ease", "it reduces the officer's stress" is just a B.S. cover for the real reason, "I want to do everything that I can to get out of that damn ticket!".
{Just a consideration, your choice.) You must have missed this last statement, it was not a command, just a suggestion/opinion. Being in the Navy you probably have no tolerance for anyones input/ideas/opinions but your own, if you want our opinions you will give them to us mindset, a higher rank/ego thing. I have had one ticket in my life for going 6 miles over the speed limit over thirty years ago in a little one horse town by a cop that probably would have given his own mother a ticket by the way he was acting, I never showed him my gun license, it would not have mattered if I had, the thought never occured to me at the time. You can wind down all that anger, its not all that life altering, do what you want and let it go at that if your able to NavyLCDR. Have a nice Easter. :wink: