Citizen's Arrest
- Thread starter 50SR9
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Edsworld
New member
I agree. I think it could go south real quick.
Treo
Bullet Proof
Quite possibly one of the worst ideas you could ever have. Your CHP didn't come w/ a bat cape, you are not a sheep dog and you don't need a CHP badge. leave all that crap to the cops
In SC, the law is very very clear, at least at night. SC Code of Laws Title 17 Chapter 13-20: "A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, EVEN IF THE LIFE OF THE PERSON SHOULD BE TAKEN, when the person: -----being under circumstances which raise just suspicion of his design to steal or commit some felony, flees when he is hailed" Come to SC as a perp and like doing your business at night, you better have your family protected with life insurance.
The law may be clear, but the facts never are.
Do they sell "you may become a prisoner" insurance? If so, before you play Dirty Harry you might want to buy some.
I am not advocating or suggesting to go play cop. What if you walk up on a situation that a person is being beaten, raped, or similarly being attacked. This goes back a bit to the "sheepdog". I believe that we as legally armed citizens should do what we can to help others in those situations. Go hunting for those situations?? Oh hellllllllllllllllllllllllll no! The last thing I want to do is shoot someone, but there is no doubt in my mind that in the situation necessary, that I would. The question was meant to find out if anyone has any information on a citizens arrest in such situations. The LEO's of this country need all the help they can get, they are far outnumbered.
diannabill
New member
So let's see if I understand this:
Step 1: You see someone at night that you "suspect" might be planningto commit a felony (raise just suspicion of his "design" to steal or commit some felony).
Step 2: You yell "Hey You! Stop! I've got a CCL Badge! Citizens Arrest! (hailed)
Step 3: The suspected perp turns and runs. (flees when he is hailed)
Step 4: You shoot him/her (by efficient means...EVEN IF THE LIFE OF THE PERSON SHOULD BE TAKEN)
Step 5: Surrender your weapon and Go to jail...Go directly to jail.
Edsworld
New member
Saving someones life and citizens arrest are two totally different things.
Edsworld
New member
If you do not carry out the citizen’s arrest properly, you might be liable for false imprisonment, battery, assault, or other damages you cause in carrying out the arrest.
There is generally no defense of a good-faith mistake for private citizens. When a private citizen makes a mistake about whether a crime has been committed, or whether the crime is one for which a citizen’s arrest is permitted, or tries to arrest the wrong person, the private citizen bears the consequences.
Citizen's Arrest : Legal Lad :: Quick and Dirty Tips ™
There is generally no defense of a good-faith mistake for private citizens. When a private citizen makes a mistake about whether a crime has been committed, or whether the crime is one for which a citizen’s arrest is permitted, or tries to arrest the wrong person, the private citizen bears the consequences.
Citizen's Arrest : Legal Lad :: Quick and Dirty Tips ™
Deanimator
New member
I'm not a cop.
I don't want to be a cop.
I have ZERO desire to "arrest" anyone.
My goal is to protect myself and anyone to whom I feel an obligation to protect, not personally enforce the law. Other than defending myself or another, I have no plans to use deadly force.
If I have to defend myself with a firearm and my assailant isn't incapacitated, the LAST thing on earth I want is him hanging around. Let the police deal with him. It's what they actually get paid to do.
I don't want to be a cop.
I have ZERO desire to "arrest" anyone.
My goal is to protect myself and anyone to whom I feel an obligation to protect, not personally enforce the law. Other than defending myself or another, I have no plans to use deadly force.
If I have to defend myself with a firearm and my assailant isn't incapacitated, the LAST thing on earth I want is him hanging around. Let the police deal with him. It's what they actually get paid to do.
He nogods and dianabill: I did not say that IMO the SC code is something that I would embrace, but this has happened several times in SC and there has never been a prosecution. I believe the law dates way back--why?--wish I knew (could be a civil war/slavery thing or KKK thing or even going back to revolutionary times) but I can tell you there have been cases in SC where individuals have been caught going thru someone's truck, caught doing it, not obeying a citizen, and being shot with no prosecution. Do not know if any have led to death; I am aware of gunshot injuries.
What he said.
Hey jtg and deanimator: IMO, either in my home where I have Castle Doctrine on my side to use letal force or elsewhere, where citizens arrest is possible (at night I can use lethal force in SC), protecting "stuff" is not worth my risk of either running into someone who is a lot better at this gun stuff than me (man must know his limitations--mine is not with a firearm) or,as stated in many replies, legal ramifications that cost me my retirement funds. I insure my stuff and it is not worth my life or my fortune. In my home I lock my bedroom door, I call 911, I activate my car alarm and I position myself in my bedroom with a 12g but I do not go out of the room to affect a citizens arrest, or to protect my stuff and do battle over it, and maybe get killed in the process. If someone tries to defeat the bedroom door lock and manages entry, the presumption of imminent death or great bodily injury is there and whoever it is will not leave my bedroom.
Acting to protect myself or others is one thing, carrying out an arrest is drastically different. I understand in some states it is legal, but there is conditions and restrictions. In other states it may not be legal. Even if it is legal where you live I would not take the chance. The threat of a lawsuit would be hanging over your head like a sharp sword ready to drop. I do NOT wish to contribute to a lawyer's retirement fund. Law enforcement agencies have insurance to cover themselves, most of us do not. And IF you are holding a person at gunpoint when the police arrive it might be the end of your life. Be a good witness and call 911. Police are paid to carry out arrests and I am not.
Fallguy
Citizen
Although rarely called a "Citizens Arrest" anytime someone holds the BG at the scene until the police arrive, that is a citizens arrest.
Like some stories you read when the thug snatches granny's purse and someone chases him down and holds on to him.
But I know scenarios like that isn't what comes to mind most of the time.
Like some stories you read when the thug snatches granny's purse and someone chases him down and holds on to him.
But I know scenarios like that isn't what comes to mind most of the time.
marklmurray
New member
Not to make light of the subject, but I couldn't help remembering Gomer Pyle:
The last "case" in SC involved a man who saw someone, at night, looking into the bed of his truck and tried to confront him. The perp got in his car and began driving away and the man unloaded his firearm at the fleeing car and ended up grazing him on his head. When the perp went to the hospital he was arrested and charged with the attempted theft. No prosecution on the man with the gun. Prosecutor cited the law, as I have quoted previously. In SC, right or wrong, whether you agree of disagree, the bad guys have a really tough time.
