Ohio Revised Code: Section 2935.04 | When any person may arrest:When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained.

quote:

Originally posted by 41:
That may be now but not in 1976.
. . . [Great story from a better time in CA history snipped] . . .

Yes. 1976 was one year after Ronald Reagan’s last year as CA Governor. CA didn’t used to be an insane liberal state. There are still pockets of sanity in CA, but they seem to continue getting smaller and less in number.

quote:

Originally posted by jelrod1:
Gomer thought it was real.

That was my first thought. I wouldn't arrest anyone on a bet, though.

I don't plan on using the citizen's arrest option hopefully, but appreciate Sig Forum explaining it in depth.

I see it primarily used by loss prevention or retail employees with shoplifters. Of course shoplifting under $950 is now an infraction here so it doesn't do much good when the daily thief gets caught and released like it's his job. The occasional shoplifter goes for a ride where they're booked and released do play the same game tomorrow.

Just googled Indiana:

Indiana Code Title 35. Criminal Law and Procedure § 35-33-1-4

Any person may arrest any other person if:

(1) the other person committed a felony in his presence;

(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony;  or

(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.

(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.

(c) The law enforcement officer may process the arrested person as if the officer had arrested him.  The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.

quote:

Originally posted by Sunset_Va:
I don't plan on using the citizen's arrest option hopefully, but appreciate Sig Forum explaining it in depth.

What you have to worry about now is being charged with banishing a weapon.

My first comment is that there is no general rule that applies in all states or jurisdictions; the laws and codes of procedures are not the same in any two places.

My second comment is that performing an arrest is an act that carries a great deal of risk, both physical as well as in legal consequences. In any situation you are likely to be judged very critically, and unless you are absolutely right you will be absolutely wrong.

Here in Colorado the applicable statute is within Chapter 2, Colorado Revised Statutes, commonly referred to as the Code of Criminal Proceedings. Basically, any person may make an arrest for a criminal act committed in their presence, using such force as is reasonably necessary to subdue the offender and deliver the offender to the sheriff of the county in which the alleged offense occurred.

Final comment: Why expose yourself to such risk and exposure? Jump through all the hoops, take time off from work or business to appear repeatedly at court proceedings in which every meaningless detail of your behavior will be scrutinized and criticized ad nauseum, while the arrogant POS "alleged offender" will be released hours before you complete the paperwork and ignore any and all requirements to appear or respond, and is very likely to find an accommodating lawyer to sue you for everything you have or ever obtain in exchange for a contingency fee upon collection.

Be a witness. Provide a detailed statement. Take some photos or videos if possible. Respond to investigators. Appear in court when required. Be the impartial observer and reporter of the facts as you know them to be.

Even then, don't expect much to happen, and anything that does happen will consume months or years of your time.

Spent 24 years as a cop. Retired in 1995 and I was still receiving legal process and appearing for depositions and court proceedings for 6 years after.

Yes, valid and legal in many states for felonies.

Also one of the most over used terms by "Karen's"

Kidcop— that’s what I’d always heard. And a sworn officer had the ability to make misdemeanor arrests also.

It’s a real thing. I would engage in its practice with great hesitancy however. Here is Michigan’s law for citizen’s arrest:

MCL 764.16 Arrest by private person

A private person may make an arrest—in the following situations:
(a) For a felony committed in the private person's presence.
(b) If the person to be arrested has committed a felony although not in the private person's presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

Imagine a society where it was illegal to stop a rapist, or intervene in a serious assault, or kidnapping.

If only the government can stop people from committing crimes…

For the entirety of our existence, up until the last 150 years or so, it was the citizen making the arrest except in rare cases.

quote:

Originally posted by 41:

What you have to worry about now is being charged with banishing a weapon.

Nah, I don't think that OP wants to banish any weapons.

Looks like brandishing a weapon can only be done when protecting a person and not when protecting property:


Virginia Gun Charge: What is Brandishing a Firearm?
By bainsheldon

February 16, 2020
bainsheldon
Weapon Charges
0 Comments

Virginia Gun Charge: What Is Brandishing A Firearm?

Gun owners have a duty to be careful with their weapons. If you hold, point, or wave a firearm in the direction of another person in a manner that is deemed likely to cause “fear” or “intimidation”, you could be charged with a serious crime under Virginia’s brandishing statute.

Typically charged as a misdemeanor offense, the brandishing of a firearm can also be charged as a felony in certain circumstances. Conviction on brandishing charges may result in harsh penalties, potentially including the loss of firearm and jail time. Here, our Richmond gun crimes defense lawyers provide an overview of brandishing a firearm charges in Virginia.

Virginia Statutes: Brandishing of a Firearm

Brandishing a firearm is charged under Code of Virginia § 18.2-282. Commonwealth law makes it a criminal act to point, hold, or brandish a firearm in a manner that is likely to induce fear in the mind of a reasonable person. One of the most important things to know about Virginia’s brandishing statute is that the “gun” does not need to be capable of actually firing.

You cannot defend a brandishing charge on the grounds that there were no bullets in the weapon. If a reasonable person would have been in fear of their safety, pointing a gun is a crime. In fact, if you point or wave an object that is similar in appearance to a firearm, you could potentially be charged with brandishing. Put another way, a defendant may face brandishing charges over a toy gun or other object made to look like a real firearm.

Penalties for Brandishing a Weapon in Virginia

In most cases, brandishing a firearm is charged as a Class 1 misdemeanor in Virginia. However, if the offense occurs within 1000 feet of a school, a defendant can be charged with a Class 6 felony offense. The maximum penalties will depend on the severity of the charge:

Class 1 misdemeanor brandishing is punishable by up to 12 months in jail.
Class 6 felony brandishing is punishable by up to 5 years in prison.

With either a misdemeanor or felony charge, a defendant can also face additional penalties. First, the judge can order that the firearm in question be destroyed. Beyond that, a concealed handgun permit can be revoked after a brandishing of a firearm conviction.

How to Defend a Brandishing a Firearm Charge

Similar to other weapons offenses, brandishing of a firearm charges should be defended on a case-by-case basis. Ultimately, the burden of proof rests on the shoulders of the prosecution. The proper defense strategy will depend, in large part, on the unique nature of the case. For example, some charges may be filed after wholly false accusations that need to be challenged aggressively.

You Can Raise Self Defense in a Brandishing of a Firearm Case

Under Virginia law, self defense can be raised as an affirmative defense in a brandishing case. As defined by the Cornell Law School Legal Information Institute, self defense is the use of “force” to defend oneself from actual or likely physical violence from another party. If you were in reasonable fear for your safety, pointing a firearm at the other party may be an excusable act on Virginia law.

It should be noted that defense of another innocent person is also a valid affirmative defense in these cases. You can defend a brandishing charge on the grounds that your actions were in defense of the safety of others. As raising a self defense claim is complicated, it is crucial that you consult with a defense lawyer as soon as possible.

Defense of Property is Not a Valid Defense

While self defense is a valid defense to a brandishing of a weapon charge, protection of property is not. You cannot raise defense on the mere grounds that you wanted to protect your stuff from theft or vandalism. Indeed, as the Supreme Court in Virginia ruled in an important case, “a deadly weapon may not be brandished solely in defense of personal property” (Commonwealth of Virginia v. Jon Douglas Alexander).

Speak to Our Richmond, VA Firearm Charges Defense Attorneys Today

At Bain Sheldon, our Virginia criminal defense lawyers are aggressive, results-oriented legal advocates for our clients. If you or your loved one was charged with brandishing a firearm, we are here to offer guidance and support. To arrange a fully confidential initial consultation, please contact our legal team today. We represent defendants throughout Central Virginia, including in Henrico County, Chesterfield County, Dinwiddie County, and Goochland County.

https://www.bainsheldon.com/vi...andishing-a-firearm/