View Single Post
Old August 8, 2009, 09:10 PM   #26
OldMarksman
Staff
 
Join Date: June 8, 2008
Posts: 4,022
Quote:
I stated at the top that all of this is assuming it's legal to detain an intruder in your area.
I understand that citizens' arrests are lawful everywhere except North Carolina, and that in North Carolina one may detain a suspect for the police under certain circumstances.

Permissible circumstances vary a great deal.

I think it's reasonable to assume that the fact of a forcible unlawful entry into one's domicile would probably justify a citizen's arrest. Lay opinion.

However, deadly force would not be justified to prevent escape, unless a particularly heinous crime had been committed--and even then, in only one or two jurisdictions in the country.

More importantly, a citizen's arrest can place the citizen at very great risk, both in terms of potential criminal charges and in regard to civil liability.

A sworn officer is indemnified by his community against civil liability. But a citizen who effects a citizen's arrest is not, and he is completely responsible for whatever harm should befall the intruder from the point of the arrest forward. Chest pains? Uh oh!

So the obvious question is, why would anyone in his right mind put himself and his fortune in jeopardy to try to prevent the escape of someone, when the departure of same would suffice in ending the immediate threat?

Someone might be tempted to muse about what the perp just might do later. Not relevant to justification of the use of deadly force anywhere, I'm afraid, and not something i'd put my life, liberty and personal fortune at stake for...particularly when the fellow might well walk a few hours later anyway.

I have used forearms to stop three home invasions, without firing a shot. All three intruders fled or chose to depart, and that reduced the level of danger immediately and significantly. I incurred no large legal expenses. Good outcome.
OldMarksman is offline  
 
Page generated in 0.02925 seconds with 8 queries