Citizens arrest for DUI

Discussion in 'In the News' started by tj2000, Jan 19, 2007.

  1. tj2000

    tj2000 New Member

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    I was watching the tube a couple of nights ago and saw an interesting story about DUI and its enforcement in the God foresaken waste land of the north.
    I post this because they focused on a citizen who patrols some of the roads and highways in his area looking for drunk or impaired drivers. When he see's someone swirving on the road he starts his video camera and then calls 911 to report them. If this was all he did I would think it was ok but he then gets their attention and when thay pull off the road he then will ask them to get out of the car and place them under citizens arrest for drunk or impaired driving, if they try to leave he will physicly try to stop them until the police arrive.
    So my question is "What limit is their for a citizens arrest and or detention of arrestee"?
    :?: :?: :?: 8) 8)
    TJ
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Too Risky

    I think the technical, legal answer is that a private citizen, like a cop, can only arrest for a misdemeanor if it occurs directly in front of him (or her), and the arrestor is a live witness to the offense. The citizen would have to arrange safe transport of the offender to a magistrate ASAP to seek an arrest warrant. If the person is actually committing a misdemeanor crime and the evidence supports that, then a conviction against the misdemeanant can happen, even though a cop isn't the one to make the stop or the arrest.

    The reason nobody in their right mind does this in real-life is because of the liability. What if you're mistaken, and the person you thought at first was a drunk driver was actually not committing any DUI offense? Could they sue your pants off? You betcha! Would you have any kind of immunity, like a cop would have during the official performance of his sworn duties? Nope. You'd be on your own, pal.

    How much force can a private citizen use to effect an arrest of another private citizen for a non-violent traffic offense? I don't know what the legal answer is, but the practical common-sense answer is NONE. Just take your pictures, get a good description of the offender and his vehicle, make some notes about how bad his driving is and whatever else you observed that makes you think he's impaired, and call the cops.

    I think it's OK for private citizens to go out of their way to document crimes that they see occuring in front of them, so that they can be excellent witnesses in court. But having private citizens "arrest" each other over misdemeanor violations... that's too risky. Too much potential trouble for both of them (the do-gooder and the suspected criminal).
     

  3. Rammstein

    Rammstein New Member

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    I saw a person who was obviously severely intoxicated driving down the road.

    I called the cops, gave them a description of the car and license plate number. They told me to disengage and move away from the car. It was fine by me because I was about to get on another road anyways.

    I never did follow up, and now I sort of think it would have been a better idea to follow until the police were there, regardless of what they told me.
     
  4. SheriffOconee

    SheriffOconee New Member

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    Stupid is as stupid does!!!
     
  5. Rammstein

    Rammstein New Member

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    Trying to put someone under citizens arrest in these times is just retarded.

    It either falls in one of two categories for me:
    A) call the cops
    B) switch to guns


    And I hope I never have to go with plan B.

    The other night I did have to call the cops.

    I was over at this girl's apartment swapping out her hard drive when we heard yelling out side. We go to the window, part the curtain and look down to see one black female in between her open car door and the car. In front of her were three black males, and one other black male in the drivers seat of their car. Yelling escalated. Black male closest to her slaps her across the face. We call the Statesboro police. She starts yelling even louder.

    Now at this point I was really torn. I did not know what to do. Should I go down there and make sure this girl does not get hit anymore? Should I be a good witness unless someone pulls a weapon? I really had no idea what the more prudent thing to do was. I ultimately opted to stay inside and watch unless the girl was in danger of great bodily harm or death.

    The guy in the car saw us in the window and the girl I was with was on the cell. We made eye contact and then he got out and signaled the other guys and then they got in their car and left immediately after that. We relayed all pertinent information about the males and their car to the police.

    I did have my Glock 19 with me. Statesboro police never did show up.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I must be extremely foolish, having made two citizens arrests in the last few years, one for a felony (burglary and battery).

    I really can't help myself. It drives my wife nuts.

    I am not talking about traffic offenses, though.
     
  7. Rammstein

    Rammstein New Member

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    I should have prefaced my remarks with:

    "Unless you see a felony (or someone getting beaten up) going down..."
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :shock:


    If you can catch me!

    :lol: I have no doubt I can outrun most of the people on this site!
     
  9. Foul

    Foul New Member

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    Friends don't let friends drive drunk.
    They get drunk and ride with them.


    J/K!!
     
  10. Rammstein

    Rammstein New Member

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    A good friend will come bail you out of jail.

    A great friend will be right there next to you saying "Damn that was fun!"
     
  11. Macktee

    Macktee New Member

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    A good friend will throw your bail, but...

    a really good friend will help you dispose of the body!




    .
     
  12. Tinkerhell

    Tinkerhell Active Member

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    Sure, just meet up with me somewhere:
    I'll be at the Nashville marathon in April,
    Gnaw Bone, Indiana for a 100k relay in May
    or down here in Macon in June for a 12 hour adventure race

    :wink:
     
  13. USMC - Retired

    USMC - Retired New Member

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    MP,
    I'll pass on to you something that was taught to me as a young Marine by my first Primary Marksmanship Instructor...

    "If you can shoot, you aint gotta run."
     
  14. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Running

    I can run 100 yards in about 14 seconds, I think. ( It's been a few years since I tried).

    As of the fall of 2006, before Thanksgiving/ Christmas / New Years ruined my diet and exercise program, I could run 5K (3.125 miles) in 28 minutes.

    Nowadays the only running I do is to the microwave when the "ding" lets me know my TV dinner is done!
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I said most . . . :lol:


    You ought not to even try it. :lol:
     
  16. Macktee

    Macktee New Member

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    Thanks for that posting Tinkerhell...

    Wiley didn't believe me when I told him there's a little town in IN called Gnaw Bone...
    \:D/




    .
     
  17. Tinkerhell

    Tinkerhell Active Member

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    Yep.
    This is the first time that Dances with Dirt (that's the name of the 100k relay) will be doing their race in Gnaw Bone.

    Their normal venue is in Hell, Mi. :twisted:
    That race is in aug or sept. only been up there once for that.