John McCain has come under fire too many times from Rebuplicans to be call a conservative. Everything from his stance on gun control to immigration has been questionable at best. McCain is a RINO….and people are getting fed up with this breed.
The most reason attacks against McCain come from a group of demonstrators and U.S. combat veterans, calling for McCain’s arrest outside of his office in Phoenix.
Read more on the NEXT PAGE.
GO, go, go, go go!!!!! Arrest Obama while you are at it!
YES TRUMP !
Good!
Citizen’s arrest in the United States
From Wikipedia, the free encyclopedia
In the United States a private person may arrest another without a warrant for a crime occurring in his or her presence.[citation needed]
Contents [hide]
1 Common law
2 State statutes
3 Use of force
4 Shopkeepers’ (Merchants’) privilege
5 Differing liability from police
6 References
Common law[edit]
Most states have codified the common law rule that a warrantless arrest may be made by a private person for a felony, misdemeanor or “breach of peace”.[1] A breach of peace covers a mul$#%&!@*ude of crimes in which the Supreme Court has even included a misdemeanor seatbelt violation punishable only by a fine. The term historically included theft, “nightwalking”, pros$#%&!@*ution and playing card and dice games.[2]
State statutes[edit]
California Penal Code section 837 is a good example of this codification:
837. A private person may arrest another:
For a public offense committed or attempted in his/her presence.
When the person arrested has committed a felony, although not in his presence.
When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.
“Public offense” is read similarly as breach of peace in this case and includes felonies, misdemeanors and infractions.[3][4] Note that there is generally no provision for an investigative detention by a private person under the law. With certain exceptions (see below) an arrest must be made. “Holding them until the police get there”, is simply a form of arrest. The officer is accepting the arrest and processing the prisoner on behalf of the private person.[5]
In no state may an arrest for a misdemeanor be made without the misdemeanor occurring in the presence of the arrestor.[6] In the case of felonies, a private person may make an arrest for a felony occurring outside his presence but the rule is that a felony must have, in fact, been committed. For example, imagine a suspect has been seen on surveillance video vandalizing a building to the extent that the arrestor believes the damage amounts to a felony. If he finds the suspect and makes the arrest but it later turns out that it was misdemeanor damage, the arrestor is liable for false arrest because a felony had not, in fact, been committed.
Because most states have codified their arrest laws, there are many variations. For example, in Pennsylvania, the courts have ruled that a citizen cannot make an arrest for a “summary offense”.[7] In North Carolina, there is no de jure “citizens’ arrest”. Although it is essentially the same, North Carolina law refers to it as a “detention”.[8]
Other states seem to allow arrests only in cases of felonies but court decisions have ruled more broadly. For example in Virginia, the statute appears to only permit warrantless arrests by officers listed in the Code.[9] However Virginia courts have upheld warrantless arrests by citizens for misdemeanors.[10]
Use of force[edit]
In general, a private person is justified in using non-deadly force upon another if he reasonably believes that: (1) such other person is committing a felony, or a misdemeanor amounting to a breach of the peace; and (2) the force used is necessary to prevent further commission of the offense and to apprehend the offender. The force must be reasonable under the cir$#%&!@*stances to restrain the individual arrested. This includes the nature of the offense and the amount of force required to overcome resistance.[11][12]
Shopkeepers’ (Merchants’) privilege[edit]
In some jurisdictions of the United States, the courts recognize a common law shopkeeper’s privilege, under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property. The purpose of this detention is to recover the property and make an arrest if the merchant desires.[13]
Differing liability from police[edit]
Private persons do not enjoy the same protections as the police in arresting others. While the powers to arrest are similar, police are en$#%&!@*led to mistake of fact in most cases, while citizens are held to a stricter liability. Police can also detain anyone upon reasonable su$#%&!@*ion.[14]
References[edit]
Jump up ^ Daily, JD, James. “Superheroes and Citizen’s Arrest”. Law and the Multiverse.
Jump up ^ “A$#%&!@*er v. Lago Vista ( No. 99-1408 )”. Supreme Court of the United States.
Jump up ^ “California Penal Code Section 16”.
Jump up ^ “People v. Landis”. Appellate Division, Superior Court,Orange County. “Public offenses” include infractions.
Jump up ^ “Citizens’ Arrest” (PDF). Alameda County District Attorney’s Office.
Jump up ^ “A$#%&!@*er v. Lago Vista ( No. 99-1408 )”. Supreme Court of the United States.
Jump up ^ Legg, Jason. “From the Desk of the DA” (PDF). Susquehanna County Office of the District Attorney.
Jump up ^ “Detention of offenders by private persons.”. North Carolina General Statutes.
Jump up ^ “§19.2-81 Arrest Without a Warrant”. Code of Virginia.
Jump up ^ “Edward Thomas Wilson v. Commonwealth of Virginia”. Court of Appeals of Virginia,Richmond.
Jump up ^ “Use of Force for Law Enforcement Purposes”. Criminal Law Capsule Summary. LexisNexis.
Jump up ^ Flynn, Michael W. “Citizen’s Arrest”. Legal Lad.
Jump up ^ W. Page, Keeton et al., Prosser and Keeton on the Law of Torts § 22, at 142 (5th ed. 1984)
Jump up ^ “Terry v. Ohio (392 U.S. 1 (1968))”. Supreme Court of the United States.
How to Make a Citizen’s Arrest
Three Parts:Deciding Whether to Make a Citizen’s ArrestMaking the Citizen’s ArrestAvoiding Prosecution
In the United States, a private person can stop or “arrest” an individual engaged in a serious crime. You can also use reasonable force to hold them until law enforcement arrives on the scene.[1] This is known as a “citizen’s arrest.” The rules on when and how an individual may conduct a “citizen’s arrest” varies from state to state. It’s important to understand the laws in your region, especially since you can be prosecuted for improperly conducting a citizen’s arrest.[2] Decide if you should make a citizen’s arrest, make the arrest, and avoid prosecution.
Part 1 of 3: Deciding Whether to Make a Citizen’s Arrest
1
Witness a crime taking place. It’s not a good idea to make a citizen’s arrest unless you’ve actually saw a crime happening. When the police arrive, you will have to provide “probable cause” for making the arrest. This means you’ll have to show that you had a reasonable belief that the person you arrested committed a crime.[3]
For example, if you see a person use a knife to stab another person, you’ve seen a crime and can detain the perpetrator.
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2
Determine whether the crime is a felony. In most states, it’s legal to make a citizen’s arrest when you see or have reasonable cause to believe that a person committed a felony, even if the felony was not committed in your presence.[4] Citizen’s arrests are not usually legal when the crime committed is only a misdemeanor.[5] Since the definition of a felony varies slightly from state to state, it’s a good idea to read up on your state’s individual laws. The following is a list of crimes that are typically a felony[6]:
Murder, rape, or $#%&!@*ault resulting in bodily injury
Theft of more than $500 worth of property
Indecent exposure before a child
Hit and run
Arson
3
Decide if the crime was a “breach of peace.” In some cases you may make a citizen’s arrest for misdemeanors if the misdemeanor can also be considered a breach of peace.[7] Misdemeanors that are considered breaches of peace in some states include public brawling or public intoxication.[8]
If you arrest someone for committing a crime that falls into this category, you must have seen the crime firsthand.
4
Decide if you can safely make a citizen’s arrest. Be sure you can physically restrain the person you want to arrest before you try to. Misunderstanding your physical capabilities may put you or others in harm’s way. If you make a citizen’s arrest, the situation could easily escalate beyond your control.
Remember to think hard before making a citizen’s arrest, especially if the perpetrator is armed.
5
Be prepared to accept the consequences. Be sure you fully understand the cir$#%&!@*stances in which you can make a citizen’s arrest. You may want to research the rules specific to your state. If so, contact a lawyer through your State Bar $#%&!@*ociation or local law enforcement office.
If it turns out you didn’t have grounds to make the arrest, you could be sued for false imprisonment, $#%&!@*ault and battery and other torts.[9] You may also face criminal charges. Don’t make a citizen’s arrest unless you’re willing to face these risks.
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Part 2 of 3: Making the Citizen’s Arrest
1
Tell the person you’re making a citizen’s arrest. There are no specific words you must say, but you must make it completely clear that you are making a citizen’s arrest. The person you’re arresting must fully understand what’s happening. Explain to the potential criminal why you are making a citizen’s arrest. If you cannot provide him or her with this information, then you shouldn’t be making the arrest.
Leave it to the police to read the person his or her rights. For now, you only need to say that you’re making an arrest.
2
Detain the person using reasonable force. You can only use the amount of force required to detain the person until the police arrive. Using a greater amount of force exposes you to legal trouble. Be careful not to harm the perpetrator unless it’s absolutely necessary.[10]
3
Call and deliver the suspect to law enforcement. Call law enforcement right after the person is detained. Some statutes in states like California and Minnesota require that a person take the arrested individual before a judge or peace officer “without unnecessary delay.”[11]
But, if you try to transport a suspect on your own and you conducted an improper citizen’s arrest, you may be subjected to a lawsuit for false imprisonment.[12]
4
Ask someone to stay with you. If you can’t deliver the suspect or your state doesn’t need you to, ask a third party to stay with you. Wait for law enforcement to arrive. If possible, avoid watching the person you’ve arrested alone. Having a third party help you detain the person is best for everyone’s safety.
The third party may be helpful in making sure the encounter doesn’t get violent and might be able to serve as a witness.
5
Explain in full detail what you saw. When law enforcement arrives, explain what you saw in full detail. Law enforcement will probably ask you to give a statement. Make sure to include everything that you saw. Explain your actions during the criminal act and the citizen’s arrest. Be clear about any force you had to use to arrest the suspect.
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Part 3 of 3: Avoiding Prosecution
1
Don’t make an arrest if you didn’t see the crime. While you may think you have all the evidence you need to believe someone has committed a crime, your understanding of the events may be wrong. Don’t make a citizen’s arrest if you overhear someone talking about robbing a bank. If you’re wrong, you may be at fault. Call the police instead.[13] Always remember, an improper citizen’s arrest can result in prosecution for crimes like kidnapping.[14]
For example, just because you see a crowd of people chasing a suspect or a victim asking for help, doesn’t necessarily mean you have grounds to arrest someone.
2
Don’t arrest someone you believe is about to commit a crime. The crime must have already happened in order for you to legally make an arrest. Don’t arrest someone if the crime hasn’t yet been committed. Call the police instead.[15]
3
Don’t use excessive force. Even the police are not allowed to use excessive force when taking a suspect into custody, so you, as a private citizen, should be especially careful about this. Otherwise, you may be charged with battery, even if the suspect you apprehend is guilty of a crime. The use of deadly force is usually not allowed unless the perpetrator is attacking you or someone else.[16]
Don’t use a weapon against the perpetrator when you can use your own strength.[17] For example, you can tackle someone to the ground rather than hitting him or her.
4
Don’t make a citizen’s arrest if you could easily call the police instead.[18] As a private citizen, it’s not your job to make arrests. If it is at all possible, you should always leave policing to those who have a legal authority to do so–the police. Otherwise, your actions might put you, the alleged perpetrator and the general public, at risk.
Your actions may also be viewed as vigilantism, which is not legally protected action.
Edit step5
Keep the detained suspect safe. Once you have detained someone, you are responsible for what happens to the person while he or she is under your control. Make sure they are not in the road, where they could be hit by a car, and make sure they are protected from onlookers who might try to attack them.
What about Obama , Kerry , Hillary,holder should do it for now
Corrupt Government Arrested: Entire Illinois County Board …
http://politicalvelcraft.org/2014/11/15/corrupt-government-arrested-entire-illinois-county-board-arrested-by-sheriff-following-initial-citizens-arrest-by-2-military-veterans
Can a citizen arrest be made for treason? – Politics and …
http://www.city-data.com/forum/politics-other-controversies/926895-can-citizen-arrest-made-treason-2.html
The Steady Drip: A m$#%&!@* citizens arrest on every member of …
http://thesteadydrip.blogspot.com/2013/02/a-m$#%&!@*-citizens-arrest-on-every-member.html
something to think about people in high places. come on lets get to doing some research. get your like minded lawyers together and get r done