The Police and The Non-Police

Discussion in 'Off-topic' started by Malum Prohibitum, Jun 5, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Anybody not know who Robert Peel is? You might call him the father of the modern police force, who said their mission was to "take thieves."

    Interesting quote from him:

    "The police are the public, and the public are the police. The police are only members of the public who are paid to give full time attention to the duties that are incumbent upon every citizen in the interest of community welfare and existence."
    Sir Robert Peel - 1829
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Georgia Case

    From Long v. State, 12 Ga. 293 (1852):

    It [was not only the right but] the duty of a private person, who [was] present when a felony [was] committed, to apprehend the felon···; and, after a felony [was] committed, any private person [could] arrest the felon with the same view, upon reasonable and probable ground of suspicion of his guilt.
     

  3. Rammstein

    Rammstein New Member

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    MP, I bet that Long decision wouldn't hold up today.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The brackets are in a modern case quoting it. I did not add them.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    This year, in fact. Adams v. Carlisle, 278 Ga.App. 777, 630 S.E.2d 529 (2006). Your college library has it, I am sure.

    Also, OCGA § 17-4-60 codifies Georgia's law on arrests made by private citizens. It provides, "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.â€

    The first sentence is grounds for a misdemeanor arrest while the second is felonies.

    Here is a police officer's power of arrest: "An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge; if the offender is endeavoring to escape . . ." I left off the domestic violence stuff.

    Doesn't look much different, does it?

    Of course, officers get immunity - the rest of us do not, so you better turn out to be right.
     
  6. johnpeace

    johnpeace New Member

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    Yeah, funny how that Stari Decisis thing only works when it's in the favor of the statists, isn't it?