Just saw this on Foxnews. Some of the commenters have their panties in a wad, and think the family is looking at prison time for performing a citizen's arrest. Yes, or no?
Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
In Nebraska, chasing down and pulling a gun on a burglary suspect would probably get you tossed in jail with felony counts if you did it in Lincoln or Omaha (liberals). Possible that you wouldn't get convicted of a felony, but almost surely convicted of some misdemeanor that removed your 2A rights for life.
Outside of those cities, you'd probably be fine.
Shooting a guy who tried to run away while being held at gunpoint that had committed burglary? Jail time anywhere in the state.
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Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
Same samo here.
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Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
Would the stop and identification by the citizens be enough for probably cause for a search of their car? And when stolen items were found in the car, would that lead to an immediate arrest?
“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
In Texas, you'd be alright doing any of the above, including using deadly force, against somebody who is committing, or just committed a burglary. But not a week later when you see who you think might have done it driving down the street.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
They found stolen items in their possession from another burglary. Would that make a difference for the LEO?
Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
They found stolen items in their possession from another burglary. Would that make a difference for the LEO?
Absolutely,"fruits of the crime", however it would only link them to the crime that the items came from. Since the police took them into custody and charged them withthe original crime from a week before, it makes me wonder if warrants had already been issued.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
Just saw this on Foxnews. Some of the commenters have their panties in a wad, and think the family is looking at prison time for performing a citizen's arrest. Yes, or no?
Maybe the Alabama authorities can do something different than us, but LE couldn't make an arrest a week after a burglary here, without warrant, less a citizen. They could be stopped, detained, and identified...but not arrested.
Alabama law on "citizen arrest"
Quote
Section 15-10-7
Arrests by private persons.
(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
You are going to start seeing vigilante justice more and more and lo and behold any police who get in the way. The people have had enough.
I think people should be responsible for their own protection of life, limb and property. I have no problem with people doing as this family did either. True "vigilante justice" though, would involve also playing judge jury and executioner without due process. THAT I would have a problem with.
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?
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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