Guest guest Posted August 7, 2006 Report Share Posted August 7, 2006 You ever bothered by your neighbor? Well, as an American citizen you have the right to arrest him/her. Imagine what would happen, if everyone attempted to enact this law. CITIZENS ARREST'S > Note: All Citizens have the authority to arrest in every single State, and although I have not spent much time looking at this, here is what I found here in Washington in less than one hour at the University of Washington Law Library and wrote for you in less than fifteen minutes: > ARGUMENT: > The authority of a private citizen to arrest without a warrant is stated in State v. Harp, 13 Wn.App. 239, 534 P.2d 842 (1975). In this case at page 242, it was pointed out that a deputy town marshall arrested a man and was outside the boundary of the town and hence, outside his jurisdiction when the initial detention or arrest was made. The court acknowledged that the deputy had no authority as a police officer outside the city limits of town. It was found in this case that the deputy could properly arrest the individual without a warrant because he had reasonable and probable cause to believe that the defendant in that case was guilty of a felony. > The case law clearly annunciates that a private citizen may properly arrest without a warrant if he has reasonable and probable cause to believe that a person has committed a felony in his presence or is guilty of a felony. State v. Jack, 63 Wn.2d 632, 388 P.2d 566 (1964); Jack v. Rhay, 366 F.2d 191 (9th Cir. 1966); 5 Am.Jur.2d Arrest Section 36 (1962); E. Fischer, Laws of Arrest Section 112 (at 248) (1967). In the case of State v. Jack, supra, at page 637, the Supreme Court of Washington held as follows: > "The rule seems to be similar when an arrest is a so-called citizens arrest, made by one not a law enforcement officer; i.e., it requires reasonable and probable cause to believe the arrested party guilty of a felony before the arrest will support a search and seizure of evidence of a crime. Information, belief, or suspicion as to commission of a felony, as justification for arrest by a private person without a warrant; 133 A.L.R. 608 (1941)." > Hope this helps for those who are interested in Citizens Arrest. > I also suggest that you read all the cases cited in other States regarding CITIZEN'S ARREST'S in 5 Am Jur 2nd Arrest Section 36 (1962); 133 A.L.R. 608 (1941); and the Laws of Arrest Section 112 (at 248) (1967) by E. Fischer which I put in "bold" above. > Sincerely > Luis Ewing at (253) 226-3741 or <rcwcodebuster (AT) comcast (DOT) net><rcwcodebuster > or <rcwcodebuster > > -------------- Original message -------------- > "jhwilson" <jhwilson (AT) acay (DOT) com.au> > Dear Allan, > I made many warnings that I would perform a Citizen's Arrest on the offending Judge, in Court, in emails, etc. Arresting him elsewhere is certainly in mind. > Yours sincerely, > John Wilson. > - > Gopher > jhwilson > Friday, July 28, 2006 7:25 AM > Re: Citizens arrest > John, > I agree with Len Clam.. > The other point is when you were in court did you attempt to put the judge on notice of pending citizen's arrest. I think if you had done this then it would be fit and proper to arrest him at any public function he may be attending including church.. Just a thought ! > Allan Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 7, 2006 Report Share Posted August 7, 2006 If a person wishes to make a citizen's arrest, he or she should be prepared to defend accusatios and charges, true or false, of hostage-taking, false imprisonment, false arrest, kidnaping, terroristic threatening, violations of others' civil liberties, and others. Jai Maharaj Om Shanti mbranparker <mbranparker > wrote: > You ever bothered by your neighbor? Well, as an > American citizen you > have the right to arrest him/her. Imagine what would > happen, if everyone > attempted to enact this law. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.