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Old July 4, 2013, 12:48 PM   #43
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
So what happens if your holding someone at gunpoint, and they turn around and walk (or run) away?
In some jurisdictions, but not in all, if you have just witnessed their commission of an extremely heinous crime of violence, and if their departure would create an immediate and very serious risk to others, and if you have no other way to stop them, you might be justified in doing something about it.

Othersise, no.

In some places, you must have been requested by a sworn officer to stop the man. You had better be able to prove it.

But suppose the perp does stay? Your risk may be just beginning.
  • You are liable for whatever harm or illness may befall him while you are detaining him or as a result of your having done so, and you are not indemnified by the community;
  • your having held him may later be judged unlawful;
  • and/or, you may be ambushed by an accomplice while you are preoccupied with him.

And, of course, he may somehow get the upper hand and kill you. Massad relates the story of how that happened to an FBI agent.

Not for me, thanks.
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