Citizens arrest!!

daddo

A few days ago I saw a man staggering towards his truck parked at a convenience store, get in and drive away with a beer in his hand. The man, was no doubt, drunk. I was gassing up and had no cell phone then and by the time I got to a phone,there was no way to tell which direction he went. I don't want this guy on the same road as me and others.
My question is (in Texas), what proceedure/action would/could I take to stop him from causing him and others from being a statistic? What rights do we have to make a citizens arrest? I understand he could turn violent,have a weapon,but beyond that,what would be the correct action?

Rafter-S

I can't tell you how many issues that could, and probably would, arise from trying to make a citizen's arrest. The legal tables would be turned on you so fast you wouldn't know which way was up...like you could be charged with harrassment, assault, deframation, just to name a few. And you might get shot in the process.

Citizen's arrests are a bad idea. They're best left to the guys who know what they're doing, are physically capable of wrestling with some idiot, and, because of their uniform, command authority.

My humble 2.5-cents worth,
Rafter-S

daddo

Thanks, I know all that and appreciate the consern! I'm just looking for an answere to the question as stated.

benzapped

[quote}My question is (in Texas), what proceedure/action would/could I take to stop him from causing him and others from being a statistic?[/quote]

daddo, with 60 people looking at this thread and only one reply it looks like there is no standare procedure or no one knows it. I suggest you grab the guys keys and tie him with a rope. If he screams obscenities stuff his sock in his mouth. Then drive him to the police station and tell the sargent at the desk to "book him." You might stick around while they give you the Citizen of the Week Award.
[:D][;)][}:)]

RancheroPaul

......or, Put YOU in jail for Kidnapping!


I Miss The World I Grew Up In!

TOOLS1

I saw this once on Andy Griffth. You run after them hollering "citizens arrest citizens arrest[;)][:D]
TOOLS

General TOOLS RRG

Don't go blaming the beer. Hank Hill

So much Ice, So much Beer. So little time. Shooter4

I don't have an anger problem. I have an idiot problem. Hank Hill

When I was a child, I thought as a child. But now that I am grown, I just wish I could act like a child and get away with it.

barto

OR, you could just do what every one else did- MIND YOUR OWN BUSINESS.
[?][?]barto

Forgive your enemies, but never forget their names.-JFK

Rafter-S

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mateomasfeo

I would call 911 and follow at a safe distance with my cell phone if possible.

Trying to apprehend the guy could be risky, especially if he had already driven off.

Try and engage him in a conversation (friendly) have someone else call the cops and keep him happy till the cops arrive (buy him another drink).

Those are examples of some safe/legal ways. Anything else you had better be ready to risk alot.






Mateomasfeo

"I am what I am!" - Popeye

Henry0Reilly

It is my understanding that Indiana law allows for citizen arrest if there are 2 adult witnesses to a felony. I have no idea what procedures are valid for effecting such an arrest, but I'm guessing that deadly force, or the threat thereof, is not one of them.


Semper Fi

Remember Ruby Ridge.

Experience is the best teacher and usually charges accordingly.

ruger270man

quote:Originally posted by barto
OR, you could just do what every one else did- MIND YOUR OWN BUSINESS.


And then read about a family killed by him in the newspaper the next day.. [:(][V]



www.awbansunset.com

competentone

"Whooa! You've got a flat tire there!"

[People respond better if they think you have their best interest in mind.]

You walk around to the rear passenger side, bend down and cut off the valve stem while he's staggering out of the vehicle to inspect his tire. Stand up after bending down and say:

"Wow, I can really hear the air rushing out, you must have a bad leak in it, hope you've got a good spare."

Walk away.

Then call the police and explain that there is a drunk guy changing a tire and you think he's going to drive if he gets it fixed.

Nighthawk

You are on a touchy situation here,alot of people dont know this and of course its VA but I think it apply's to us all.If any person detains or attempts to detain a person its considered an Arrest.You would have to be careful not to make a false Arrest,and things get complicated.Assume you subdue him and tie him up to a pole.He could sue you for tieing him to that pole because he could not get him self out of harms way if a tornado came,Im serious.I admire your concern as it may save a life.If you try to take his keys he could charge you for attempting to hijack his car.The Laws arent what they used to be.The good samaritan law is almost non existant in Court's today.And the system is set up for the benefit of the bad guys.I like Tools example of the Andy Griffith show when Golmer filed a citizens arrest against Barney.I remember in one where Barny got the nerve up to make those fellows who were saleing vegetables along the road side to move.I think they said something to him like they are two of us(They were much Bigger) and one of you,Barney's reply was the Badge he was wearing represented alot of people and they better get on their way.If I were you I would call the Commonwealth's Attorney or DA which ever it may be and ask him about citizens arrest.He should be more than happy to help you out.And then there will be no guessing.

Best!!

Rugster


"Toujours Pret"

625

I have zero experience in this area, but here's the Indiana code on the subject........

"Indiana Code 35-33-1-4:

Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment."

"For those who fought for it, freedom has a flavor the protected will never know."
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Bullzeye

quote:Originally posted by barto
OR, you could just do what every one else did- MIND YOUR OWN BUSINESS.
[?][?]barto

Forgive your enemies, but never forget their names.-JFK


With all due respect, that's a total crock of horse-s**t.

I've heard the exact same line straight from the horse's mouth from many, many drunks.

n/a

quote:Originally posted by barto
OR, you could just do what every one else did- MIND YOUR OWN BUSINESS.
[?][?]barto

Forgive your enemies, but never forget their names.-JFK


This is a STUPID comment! A drunk driver is everybody's business. I've been guilty of it in my young/inmature days and I am thankful I never killed anyone doing it...or got caught...but I have NO tollerance for it anymore. I'm not calling you stupid barto, just your remark.[;)]

Eric

All American Arms Company

Veteran Owned and Operated

Jgreen

In michigan, where I practice law (and one day I'll get it right), I had the opportunity to file suit against someone who stated that she was effectuating a "citizen's arrest" on my client.

In Michigan, you have to see a felony committed in your presence, or be a shopkeeper, or be asked to help by a policeman. It is much like the Indiana law cited on this topic.

For better or for worse, you don't really have the legal right to arrest him, but you also have no liability for what he does. Not much consolation if someone is killed, but now you are going down a slippery slope.

Robin

Many years ago I worked at a J.C. Penny's in the men's clothing department during college break for Christmas. Two women and a man knocked me over as they ran out the stores front door with their arms full of unpaid merchandise. Being young and dumb, I pursued them all to a car parked not too far away from the store. I repeated told them to get out of the car and return the clothing to no avail. They cussed me up one side and down the other as they fumbled around for the keys to the ignition. For some stupid reason, I reacted by pulling out a pen knife and cutting off the valve stem of the driver's side wheel/tire. As the air started to rush out, I ran back to the store and called the police. The trio was apprehended tring to escape with the flat tire. All of the stolen merchandise was recovered.

I found out later that there was a .22 rifle in the trunk of the shoplifters' car. But for whatever reason, each of the shop lifters got a suspended sentence and paid a small fine. J.C. Penny's management never said thank you or anything else but my fellow employee's thought catching them was pretty neat.

One of the women was rearrested shortly thereafter for pummeling a Winn-Dixie empolyee with a #2 can of corn as he tried to stop her from leaving the store with stolen groceries. She went to prision for that. Today I not sure I would put myself at risk in this type of situation regardless if I was armed or not. I am usually armed but I will always pull out my cell phone first. I would advise you to get to a phone as quick as possible and call the highway patrol or sheriff's office first, disable the car may be an opinion with minimal adverse consequences and a citizen's arrest would be a last resort. Sorry for being long-winded

barto

barto

Forgive your enemies, but never forget their names.-JFK

kris

as a leo in michigan. the suspect must be in the commission of a felony. or fleeing from the same.....ouil wouldnt stand up in court.and what evidence can you present that would justify the arrest in court?..based on your assessment of the scene..could you rule out the possible that he had a physical handycap..or under the influence of medication?..heck we cannot even use the word pbt or the results in court unless the defense decides to use it first.....next time you observe ..get the vehicle discription and plate number...borrow a cell phone and report a possible dui driver...,,no sense you hanging out to dry...even if you reported it ten minutes later.very good chance he will be caught..dispatch will punch up the suspect's address and issue a B.O.L..for him.. thanks for caring!!!!

it is good that we meet in the struggle of life or death.. .....it shall be life!

bigdaddyjunior

There are a lot of ways to keep a drunk off of the road. I don't think I'd ever try to arrest anyone. If they broke in my house or something and weren't armed I'd probably just tie them up in the basement and torture them with a soldiering iron and some channel locks. Then after a few weeks I'd let them go on thier way.

Big Daddy my heros have always been cowboys,they still are it seems

select-fire

I had a 35 yr. old guy smack his mom outside the residence on night picking up rent. He really smacked her and knocked her down. He was drunk and she wouldn't have weighed 100# and was probably around 65 years old. He took a swing at me for no reason. He connected to my upper arm and it glanced off the side of my head. I tackled him and put him in an armhold and drug him over to the truck. I reached inside the truck and got the cuffs. He freaked out and said I wasn't putting the cuffs on him. When it was over.. he was cuffed around a pine tree. I called the Sheriff's dept. and they came about 30 minutes later. The Deputies were chuckling while her son was cussing up a storm. They hauled him off and gave me my cuffs back. Needless to say he didn't return again.

competentone

But that's because SC is a "citizen's arrest" friendly state, Select-fire. If that had happened in someplace like CA, you'd be serving prison time! [;)]

Big Sky Redneck

It's sad to see so many states with twisted courts that would punish someone for taking a killer off the roads[V] I have nothing against those who drink as long as they do it responsibly but the very moment that a drinker gets behind the wheel I lose all respect for them and wouldn't give a squirt of pee to put out a fire on them!! Personaly I would rather just beat the snot out of a drunk driver with a baseball bat before calling the cops. A drunk driver is in the top 5 when it comes to selfish behaviour and that selfishness is often paid for by an innocent citizen who happened to be in the wrong place at the wrong time. A drunk driver in my opinion is in the same class as a rapist, child molestor, murderer and all the other lowlife pond scum beings. I only wish more people would step forward and help remove these public enemies from the roads and the courts would show lattitude to those willing to help. It is a sad time when a court will stick up for a drunk and punish someone who may have saved a life. Drink all you want, I don't have a problem with that BUT hit the highways while intoxicated and pray to god I don't see you because I will show no compassion, I'll take my chances in court!

drobs

Briefly after college I worked as a security guard here in Illinois. As I recall security guards in IL got their power from the ability to make citizen arrests.

Regards,

Pinhead

I don't know anything about Texas law or the rights of the citizens to make an arrest. Unless they have changed the law here in Tennessee without me knowing about it we have a "citizens arrest" law. Yes you can arrest someone here to stopthem from committing a crime-drunk driving included-but, if you use force to accomplish the arrest and he fights back, you are on your own. The local sheriff will thank you for your help unless he too has changed since he was re-elected. By the way--barto-you are way out of line and your insults only show your true nature. Drunk drivers are everybody's business. They are indangering everyone's lives and that makes it everyone's business. I've seen too many kids lives ended way too early by drunk drivers to just take an ":its nobodys business" attitude. Cell phones are great inventions for calling the local police and then following the guy and keeping his where abouts relayed to them. They'll handle it immediately where I live. They're not too friendly and polite about it either. We've(the people) have taken a stand against drunk driving here and the police and courts are behind us-well-all but one particular judge who is a ndrinking problem himself. Drink if you want to(at a bar or home) and if you enjoy yourself-fine. But stay off the roads-you have no right to endanger others.

select-fire

Compentone, It was on my property not the tenants. He took a swing at me. I defended myself and he got the silver bracelets. I didn't know you couldn't hold someone till the law arrives in any state.

rmeyer

You could have politely offered him a ride home. If I was that worried about it I would have.