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cyphur wrote:Is there a definition as to what qualifies as an offense against the public peace?

nitrogen wrote:What exactly is classified as "offense against the public peace?"

Yes there is. Disorderly conduct is, as is criminal mischief, indecent exposure, criminal trespass.

I should caution that if you make a person feel that if they are not free to go, you have restrained them. If you have an actual arrestable offense then you are legally ok. However, if you are mistaken and what the person did did not amount to a violation then you have committed a crime called False Restraint.

Private Citizens generally have no authority to detain a person to investigate a crime. If you detain a person, you HAVE arrested them, regardless of your intent.

I only posted that I would arrest because I know the law well and am confident in that. I do not suggest that others attempt to make arrests, especially for non-felonies, except under the most extreme circumstances.

I teach 4 hours of arrest to the security classes. They arrest under the same authority as a "any other person".

Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

cyphur wrote:Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

They are all felonies. However, if somone is using or about to use unlawful deadly force against me, I am not going to try to arrest.

I guess if you really look at it, Deadly Force is the ultimate restraint.

txinvestigator wrote:

cyphur wrote:Is there a definition as to what qualifies as an offense against the public peace?

nitrogen wrote:What exactly is classified as "offense against the public peace?"

Yes there is. Disorderly conduct is, as is criminal mischief, indecent exposure, criminal trespass.

Uh, wouldn't a citizen's arrest for criminal trespass sort of defeat the purpose? "Leave, or I won't let you leave!"

KD5NRH wrote:

txinvestigator wrote:

cyphur wrote:Is there a definition as to what qualifies as an offense against the public peace?

nitrogen wrote:What exactly is classified as "offense against the public peace?"

Yes there is. Disorderly conduct is, as is criminal mischief, indecent exposure, criminal trespass.

Uh, wouldn't a citizen's arrest for criminal trespass sort of defeat the purpose? "Leave, or I won't let you leave!"

Thats what I teach. lol

txinvestigator wrote:

cyphur wrote:Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

They are all felonies. However, if somone is using or about to use unlawful deadly force against me, I am not going to try to arrest.

I guess if you really look at it, Deadly Force is the ultimate restraint.

I agree - I included homicide in there for defense of third person.

txinvestigator wrote: I guess if you really look at it, Deadly Force is the ultimate restraint.

Nail on the head muh man!

The way I read it, he hit her with the bottle, which presumably broke. from that point he was probably using his fists. You walk in at that point, lunatic beating a woman, you, draw, command "Stop!" and start dialing. The guy rushes you and you shoot.

At that point you just shot an unarmed man. I don't see that as defensible, unless there was a very great disparity in physical size.

Tell me I'm wrong, please

Rex

You shot a man who saw your gun, which you were using to stop his assault on a third party, and decided to rush you, anyway. I would assume at this point that he is high on something, and I would be seriously injured or killed if I don't shoot. As, I think, would any reasonable person. IANAL.