krastner
more experienced than you
- Joined
- Oct 19, 2004
- Posts
- 2,950
While most hardliners, yes including myself, have been wringing their hands over the illegal invasion of Mexican criminals across our border...I find that we do have recourse. It's basically taking the law into our own hands. Not in an illegal way but with the weight of the LAW on our side. Many orginazations like , for instance, the saveourstate orginazation in California is afraid to act on this law, there are many citizens that will. Citizens do not, repeat DO NOT have to stand by and watch as hordes of illegal aliens come across our borders.. They can perform citizens arrest on the offenders.
That's right..It's the law. We can legally fight back and don't have to wait for the "so called government to take action" I am not sure what the legal rammifications are but , although citizens are not allowed to use deadly force in making these arrest, they still have the right to defend themselves, even to include deadly force ( If necessary) when our safety and well being is placed in jepordy by those that we may arrest. In other words..we can kill them if that is what is necessary to protect our lives..All it takes is a little intestinal fortutide..
Form a Posse
Citizen's Arrest
In California, a citizen's arrest can be made under the following three circumstances:
* A public offense was committed or attempted in the citizen's presence.
* The person arrested has committed a felony, although not in the citizen's presence.
* A felony has been in fact committed and the citizen has reasonable cause for believing the person arrested has committed it.
Working in the U.S. without documentation (illegal immigrant) is a felony. While this is a federal and not a state offense, further defined as administrative versus criminal by our sources, illegal aliens commit millions of crimes each year and a citizen's arrest would apply to many of those crimes. Also, re-entering the country is a federal offense - many illegals nonchalantly leave the country for holidays and sneak back a second or umpteenth time, and this needs to be reported. Future legislation could make immigration law enforceable by citizens as well as federal law enforcement.
A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizen's arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. A random sampling of the various states as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.
In the most crime ridden spot in the country, our nation's capitol, District of Columbia Law 23- 582(b) reads as follows:
(b) A private person may arrest another -
(1) who he has probable cause to believe is committing in his presence -
(A) a felony, or
(B) an offense enumerated in section 23-581 (a)(2); or
(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest.
(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L. 91-358, Title II, § 210(a); 1973 Ed., § 23-582; Apr. 30, 1988, D.C. Law 7-104, § 7(e), 35 DCR 147.)
In Tennessee, it has been held that a private citizen has the right to arrest when a felony has been committed and he has reasonable cause to believe that the person arrested committed it. Reasonable grounds will justify the arrest, whether the facts turn out to be sufficient or not. (See Wilson v. State, 79 Tenn. 310 (1833)).
Contrast this to Massachusetts' law, which while permitting a private person to arrest for a felony, permits those acquitted of the felony charge to sue the arresting person for false arrest or false imprisonment. (See Commonwealth v. Harris, 11 Mass. App. 165 (1981))
Kentucky law holds that a person witnessing a felony must take affirmative steps to prevent it, if possible. (See Gill v. Commonwealth, 235 KY 351 (1930.))
Indeed, Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code § 37; S 43, §44.)
Utah law permits citizen's arrest, but explicitly prohibits deadly force. (See Chapter 76-2-403.)
Making citizen's arrest maliciously or without reasonable basis in belief could lead to civil or criminal penalties. It would obviously be a violation of a suspect's civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score.
Civil lawsuits against department stores, police departments, and even cult deprogrammers for false imprisonment are legend. Anybody who makes a citizens arrest should not use more force than is necessary, should not delay in turning the suspect over to the proper authorities, and should never mete out any punishment ... unless willing to face the consequences. Because of Special Order 40, states like California forbid state and local law enforcement to detain suspects for violations of immigration law, so in such cases the nearest ICE special agent is recommended for transfer and detention.
As the ability of the powers that be to hold society together and preserve law and order diminishes, citizen's arrests will undoubtedly be more common as a way to help communities cope with the wrongdoers in out midst. A group of people committed to making citizen's arrests, or a "posse", could best be formed on our Discussion Board (see Discussion Board and submit a posting with your intentions). You can seek out volunteers in your area or provide contact information (do not provide phone numbers or addresses, only e-mail address and city/state) so others can contact you. The best posses consist of at least one peace officer or retired peace officers who are still deputized and carry privileges beyond civilian capabilities. It is very important that laws pertaining to the citizens' right to arrest be researched thoroughly for your state, and whether nearby law enforcement will detain individuals for immigration law violations. Also, please see Report Crime for your nearest ICE special agent, should your local law enforcers object to enforcing immigration laws.
That's right..It's the law. We can legally fight back and don't have to wait for the "so called government to take action" I am not sure what the legal rammifications are but , although citizens are not allowed to use deadly force in making these arrest, they still have the right to defend themselves, even to include deadly force ( If necessary) when our safety and well being is placed in jepordy by those that we may arrest. In other words..we can kill them if that is what is necessary to protect our lives..All it takes is a little intestinal fortutide..
Form a Posse
Citizen's Arrest
In California, a citizen's arrest can be made under the following three circumstances:
* A public offense was committed or attempted in the citizen's presence.
* The person arrested has committed a felony, although not in the citizen's presence.
* A felony has been in fact committed and the citizen has reasonable cause for believing the person arrested has committed it.
Working in the U.S. without documentation (illegal immigrant) is a felony. While this is a federal and not a state offense, further defined as administrative versus criminal by our sources, illegal aliens commit millions of crimes each year and a citizen's arrest would apply to many of those crimes. Also, re-entering the country is a federal offense - many illegals nonchalantly leave the country for holidays and sneak back a second or umpteenth time, and this needs to be reported. Future legislation could make immigration law enforceable by citizens as well as federal law enforcement.
A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizen's arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. A random sampling of the various states as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.
In the most crime ridden spot in the country, our nation's capitol, District of Columbia Law 23- 582(b) reads as follows:
(b) A private person may arrest another -
(1) who he has probable cause to believe is committing in his presence -
(A) a felony, or
(B) an offense enumerated in section 23-581 (a)(2); or
(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest.
(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L. 91-358, Title II, § 210(a); 1973 Ed., § 23-582; Apr. 30, 1988, D.C. Law 7-104, § 7(e), 35 DCR 147.)
In Tennessee, it has been held that a private citizen has the right to arrest when a felony has been committed and he has reasonable cause to believe that the person arrested committed it. Reasonable grounds will justify the arrest, whether the facts turn out to be sufficient or not. (See Wilson v. State, 79 Tenn. 310 (1833)).
Contrast this to Massachusetts' law, which while permitting a private person to arrest for a felony, permits those acquitted of the felony charge to sue the arresting person for false arrest or false imprisonment. (See Commonwealth v. Harris, 11 Mass. App. 165 (1981))
Kentucky law holds that a person witnessing a felony must take affirmative steps to prevent it, if possible. (See Gill v. Commonwealth, 235 KY 351 (1930.))
Indeed, Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code § 37; S 43, §44.)
Utah law permits citizen's arrest, but explicitly prohibits deadly force. (See Chapter 76-2-403.)
Making citizen's arrest maliciously or without reasonable basis in belief could lead to civil or criminal penalties. It would obviously be a violation of a suspect's civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score.
Civil lawsuits against department stores, police departments, and even cult deprogrammers for false imprisonment are legend. Anybody who makes a citizens arrest should not use more force than is necessary, should not delay in turning the suspect over to the proper authorities, and should never mete out any punishment ... unless willing to face the consequences. Because of Special Order 40, states like California forbid state and local law enforcement to detain suspects for violations of immigration law, so in such cases the nearest ICE special agent is recommended for transfer and detention.
As the ability of the powers that be to hold society together and preserve law and order diminishes, citizen's arrests will undoubtedly be more common as a way to help communities cope with the wrongdoers in out midst. A group of people committed to making citizen's arrests, or a "posse", could best be formed on our Discussion Board (see Discussion Board and submit a posting with your intentions). You can seek out volunteers in your area or provide contact information (do not provide phone numbers or addresses, only e-mail address and city/state) so others can contact you. The best posses consist of at least one peace officer or retired peace officers who are still deputized and carry privileges beyond civilian capabilities. It is very important that laws pertaining to the citizens' right to arrest be researched thoroughly for your state, and whether nearby law enforcement will detain individuals for immigration law violations. Also, please see Report Crime for your nearest ICE special agent, should your local law enforcers object to enforcing immigration laws.
