Citizen’s Arrest - How Is This Still a Law? | The Daily Social Distancing Show

[KING MEAT]

blackmatters are gonna be the new police in seattle.

[4truth]

citizen should not be allow to play cops... if you are suspicious of someone then call 9-11 and wait for the real cops to show up, your job is done here.

Sure, that probably works about 90% of the time.

[DreamerUSA]

Its a law that is part of a whole bunch of common law. It has to do with how we become an agency of the law. Technically the authority to arrest is part of being a citizen and is separate from police powers.

Most people do not know that Police are there as an agency for the state, not for the individual rights of a person. When a cop arrests someone for taking your wallet, his interest is technically in upholding the authority of the state to protect property interests. He arrests because if he didn't and people started stealing from each other, the state would have a problem asserting control over property in its domain. Ever notice that tax debts, and any transgression against the state is dealt with violently? They will shoot you for a tax debt if they seek a warrant and you refuse to comply.

Now, at the citizen level we have the Sheriff traditionally. What is a Sheriff? He is a citizen with arrest powers, and certain other powers granted civilly deemed to be a civil matter. So, Sheriffs do evictions right? A citizen's interest in his/her property is a civil matter, the state does not care if the landlord or tenant is right, or wrong.

But heres the kicker: The sheriff has the authority to deputize another citizen. This is unique to the Sheriff, as the police do not have this power. All a citizen's arrest is, is an exstension of a citizen's right to protect his interests, or the interests of other citizens.

So, powers of arrest can be granted to a citizen by a Sheriff, or, by the understanding that civil crimes, property crimes, etc are a crime against the common people as a whole...

When these laws were inacted there were small townships and the sheriff and all the citizens had to watch out for each other, there were no government police, and courts with professional legal people like lawyers and police. the Kingship, and aristocrats had standing professional soldgers to make arrests. the people had the sheriff and each other.

The highlighted part is what people really need to understand, but few do. This notion that police are there to protect you, is false. The Supreme Court has ruled on this and said as much.

Good stuff from you sir, as per the usual.

[billeau2]

Good stuff! ^^^^

Thanks Z! coming from you... with some of the info you have shared with me over the boards, that is compliment and a half.

heres another thang: Why does a deputy not have to mirandize a perp? Now, when sheriffs and cops are overlapping sheriffs might mirandize... but you don't have to when making a citizen's arrest, why is that? People could think it through...

[billeau2]

The highlighted part is what people really need to understand, but few do. This notion that police are there to protect you, is false. The Supreme Court has ruled on this and said as much.

Good stuff from you sir, as per the usual.

Thanks much and that point is the important point. So a cop and a sheriff show up at an eviction (sounds like a joke set up lol). The cop is concerned with if a law is broken, which is why he would be there in the first place. the sheriff is technically there to see that both parties are protected. Sheriffs will often stop an eviction if it is pouring, kids are involved, etc.

[billeau2]

Can you pull a citizens arrest on a citizen trying to arrest you?

Say like you get hurt because they run up on you. Can you citizen arrest them for assault???

Thats a good question. Now, this is only an opinion but this is how I would think this would play out. Believe it or not, we are technically, partially state property. There is even a theory that our birth certs are like stock numbers. Not saying this is so, but this is why this notion makes sense... Your labor, the taxes that are received from you, the ability to use you as a soldger (when younger), etc make you state property.

If someone damages you during a citizens arrest, you will go to the courts because they have damaged state property...you will sue them. Ok so when you damage a person, the legal concept is "a court of law will make that person whole again." So you initiate a citizens arrest and break my arm... I am wrongly accused... A court of law will assign damages that compensate me, but...while to me I want to sue you for all I can, to the court the amount should be that which is required to return you to the state you were before the arrest.

So, if I was a gardner, in theory I will be able to make an income again when my arm is healed, thus once again being a taxable entity.

To truly understand how this came to be, one has to look at Roman interpreted, English property rights. We still retain many of these laws, but here is how it relates to your question: In a Feudal Estate the people farming the land are tied to the value of the estate because they work the land. Their value was, back in those times, directly related to what a person could work on the estate. The Lord of the estate had to be compensated, for this value which literally was part of the land granted to the lord. Yes, that peon with a family and a plot of land was like a human lawn mower that had to be maintained and was even sold with the estate.

It was not until later in property rights that a person's interest, other than the estate holder (the lord) could be separated and represented... which is why we can own land today! Did you know that all of California, when owned by the Spaniards, belonged to ONE person? That person "granted" permissions to use the land, and to benefitt from the land...that person was the King.

I went through mentioning this to you for one reason: It demonstrates that human beings having individual rights is often a fallicy. Our legal system has, when forced, granted people certain right, BUT the state's interest in your well being is not for you! It is for you as a resource to act on their behalf. So... when you are damaged during a citizen's arrest guess what? You have to be made whole again... It becomes a matter for the courts to handle.

[billeau2]

I can see it now...

Cop shows up, two mofos handcuffed together, pulling each other's arms.

"You're under arrest!"

"No, b itch, you're under arrest."

Cop: "F uck it, you're both going to jail."

On a serious note, I think the arrestee may be able to press an assault charge, if the initial citizens arrest is egregiously erroneous. I'm not sure if citizens arrests are covered under good Samaritan laws or not. I don't think a good faith citizens arrest would qualify as assault, even if the arrestee was not guilty of the alleged charge.

Of course, let me qualify this by saying that Virginia is not a citizens arrest state, and my knowledge of citizens arrest law is limited.

I get the impression that the laws are a kind of legal "no man's land." It would be funny, and i would bet it has happened: Duelling citizens arrest. Comedic gold!

[GGG Gloveking]

I get the impression that the laws are a kind of legal "no man's land." It would be funny, and i would bet it has happened: Duelling citizens arrest. Comedic gold!

I think citizens arrests should be the SOP in these areas that want to defund the police. Let them deal with the unruly public for a little while.

I feel for the judge having to sort out the dueling arresting citizens, lol.

[billeau2]

I think citizens arrests should be the SOP in these areas that want to defund the police. Let them deal with the unruly public for a little while.

I feel for the judge having to sort out the dueling arresting citizens, lol.

Make a great show