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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
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There won't be any prosecution of this family for anything. I wouldn't think so. Can an arrest be made in Alabama for crimes that occurred in the past? (In this case, a week.),without warrant? Is this considered some type of "fresh pusuit" deal? In theory, yes you could. In practice, if you know who did it, then a warrant should have been issued within a week's time. Section 15-10-3
Arrest without warrant - Generally; definitions; written report.
(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances:
(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.
(2) When a felony has been committed, though not in the presence of the officer, by the person arrested.
(3) When a felony has been committed and the officer has reasonable cause to believe that the person arrested committed the felony.
(4) When the officer has reasonable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.
(5) When a charge has been made, upon reasonable cause, that the person arrested has committed a felony.
(6) When the officer has actual knowledge that a warrant for the person's arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was issued in accordance with this chapter. However, upon request the officer shall show the warrant to the arrested person as soon as possible. If the officer does not have the warrant in his or her possession at the time of arrest the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.
(7) When the officer has reasonable cause to believe that a felony or misdemeanor has been committed by the person arrested in violation of a protection order issued by a court of competent jurisdiction.
(8) When an offense involves domestic violence as defined by this section, and the arrest is based on probable cause, regardless of whether the offense is a felony or misdemeanor.
(b) For the purpose of this section, the following terms have the following meanings:
(1) ABUSE. Any offense under Sections 13A-6-60 to 13A-6-70, inclusive, or under Sections 26-15-1 to 26-15-4, inclusive.
(2) ASSAULT. Any offense under Sections 13A-6-20 to 13A-6-25, inclusive.
(3) FAMILY, HOUSEHOLD, OR DATING OR ENGAGEMENT RELATIONSHIP MEMBERS. Includes a spouse, former spouse, parent, child, or any other person related by marriage or common law marriage, a person with whom the victim has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship.
(4) DOMESTIC VIOLENCE. Any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members.
(5) HARASSMENT. Any offense under Section 13A-11-8.
(c) When a law enforcement officer investigates an allegation of domestic violence, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complaint, and the disposition of the case.
(Code 1852, �445; Code 1867, �3994; Code 1876, �4664; Code 1886, �4262; Code 1896, �5211; Code 1907, �6269; Code 1923, �3263; Code 1940, T. 15, �154; Acts 1989, No. 89-857, p. 1710, �2; Acts 1995, No. 95-534, p. 1081, �1; Act 2000-266, p. 411, �8.)
War Damn Eagle!
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Joined: Jan 2006
Posts: 21,810
Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
Posts: 21,810 |
I guess I'm just a slow learner, but here we have a case in which some poor folks get lost, stop to ask for directions and, find that the home owners left a couple of TV sets and presents out as gifts for them. And then, the homeowners change their minds, have the nerve to accuse them of stealing the stuff and then holding the poor lost folks at gunpoint. What is this world coming to? 
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Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
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Cool. I realize the family did nothing wrong, but was a little surprised to see the police continued with the arrest. We wouldn't, unless there was more involved that I don't know about.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Joined: Dec 2005
Posts: 13,760
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
Posts: 13,760 |
Cool. I realize the family did nothing wrong, but was a little surprised to see the police continued with the arrest. We wouldn't, unless there was more involved that I don't know about. The code sections I cited covers exactly this situation for both citizens and officers. The police have the victims making an ID of the people who committed a felony, and holding them. In an abundance of caution, for what reason I'm not really sure since you'd be covered under the statute, some agencies here might choose to take the information of the people the citizens detained, release them, and go through a complete investigation THEN make an arrest. All that would serve to do is muddy the case up in my opinion. In the alternative though, the citizens could complete the arrest and have the duty to take the arrestees before a judge or magistrate, which leaves them vulnerable to getting hurt, or having to hurt one of the arrestees for resisting, which in turn, would leave the police vulnerable to lawsuit for failing to act within the scope of their lawful duty, and failure to protect the citizens and/or arrestees.
War Damn Eagle!
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Joined: Oct 2004
Posts: 50,169
Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
Posts: 50,169 |
In Texas, the moment pursuit of the offenders is terminated immediately after the the ofense, an arrest can no longer be made, without warrant. Good for you guys!
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Joined: Sep 2007
Posts: 13,268
Campfire Outfitter
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Campfire Outfitter
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Otto is my co-pilot.
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Joined: Aug 2009
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Campfire Outfitter
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Campfire Outfitter
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That made my day. Good guy's and gal's win for a change.
Jed York does not own the 49ers; Russell Wilson does.
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Joined: Aug 2009
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Campfire Outfitter
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Campfire Outfitter
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Cool. I realize the family did nothing wrong, but was a little surprised to see the police continued with the arrest. We wouldn't, unless there was more involved that I don't know about. Huh? The crime was video taped.
Jed York does not own the 49ers; Russell Wilson does.
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Joined: Oct 2004
Posts: 50,169
Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
Posts: 50,169 |
Cool. I realize the family did nothing wrong, but was a little surprised to see the police continued with the arrest. We wouldn't, unless there was more involved that I don't know about. Huh? The crime was video taped. Yeah...but a week earlier. What if it had been ten days? Ten years? At some point you have to get a warrant (at least in Texas) to arrest somebody.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Joined: Aug 2005
Posts: 43,731
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2005
Posts: 43,731 |
No detaining them for 48 hours while a warrant is sworn out?
“ The Savage 99 Pocket Reference”. All models and variations of 1895’s, 1899’s and 99’s covered. Also dates, checkering, engraving.. Find at www.savagelevers.com
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Joined: Aug 2009
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Campfire Outfitter
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Campfire Outfitter
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Posts: 14,742 |
Cool. I realize the family did nothing wrong, but was a little surprised to see the police continued with the arrest. We wouldn't, unless there was more involved that I don't know about. Huh? The crime was video taped. Yeah...but a week earlier. What if it had been ten days? Ten years? At some point you have to get a warrant (at least in Texas) to arrest somebody. Ok, I see what you're saying.
Jed York does not own the 49ers; Russell Wilson does.
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Joined: Aug 2006
Posts: 1,792
Campfire Regular
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Campfire Regular
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Posts: 1,792 |
The problem with any citizen arrest is what happens if the suspect calls your bluff. If I see some 18 year old stealing gas on my farm and hold him at gun point while we wait for the sheriff, then all good. But what happens when he tries to get past you and says what are you gonna do about it? Then you are thrust into a murky area of law. Can you really shoot him to stop a fleeing felon? Can you claim you feared for your life since you had a right to park your car in the way and had no duty to retreat? Even if you meet the statutory language, once the local news paints you as a person with an "arsenal", do you think the DA will let you off the hook?
I've thought about holding trespassers at gunpoint on our ranch, but the fear of unintended consequences holds me back.
Conrad101st
1/503 Inf., 2nd ID (90-91)
3/327 Inf., 101st ABN (91-92)
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Campfire Outfitter
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Campfire Outfitter
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S.S.S Don't call the PoPo. 
Jed York does not own the 49ers; Russell Wilson does.
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Joined: Jan 2006
Posts: 21,810
Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
Posts: 21,810 |
The problem with any citizen arrest is what happens if the suspect calls your bluff. If I see some 18 year old stealing gas on my farm and hold him at gun point while we wait for the sheriff, then all good. But what happens when he tries to get past you and says what are you gonna do about it? Then you are thrust into a murky area of law. Can you really shoot him to stop a fleeing felon? Can you claim you feared for your life since you had a right to park your car in the way and had no duty to retreat? Even if you meet the statutory language, once the local news paints you as a person with an "arsenal", do you think the DA will let you off the hook?
I've thought about holding trespassers at gunpoint on our ranch, but the fear of unintended consequences holds me back. I agree. From what I've read even if the legal system agrees it was a justifiable shooting, the cost to you can be high in terms of legal costs and possible civil suit. If you can ID the trespasser or bugler to the police, it might be better to not hold him at gunpoint.
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