[pct-l] Citizen's arrest

[Timothy Nye]

I wasn't going to get involved in this thread since awhile back one of the posters was starting to take things personally, or so it seemed to me. 

Here's my contribution, and to riff off of "My Cousin Vinny" ( I love that movie) I am a lawyer, my wife is a lawyer, my mother was a lawyer, my father was a lawyer, my father's father was a lawyer, my daughters a lawyer....well, you get the idea.

With that said, that doesn't mean my opinion is more or less valid than anyone else's and you proceed at your own risk. I just provide information. Each situation encountered generally requires a separate analysis, yet there are some basic constants in law as in life.  It is these that allow us to view things in context, because looking at things in isolation is the difference between monocular and stereoscopic vision: one way provides a two dimensional view and the other way yields a three dimensional view. If you want to know what your dealing with, in law as in life,

Sent from my iPad

On Jul 1, 2013, at 6:33 AM, <chiefcowboy at verizon.net> wrote:

> State laws apply on federal lands too.  Although state laws vary, they are quite similar in this area.
> 
> From: surferskir at aol.com 
> Sent: Sunday, June 30, 2013 8:23 PM
> To: chiefcowboy at verizon.net ; dm at quixnet.net ; pct-l at backcountry.net 
> Subject: Re: [pct-l] Citizen's arrest
> 
> One thing that I think we are all forgetting is that MOST of the PCT is on Federal property, and the violations are federal crimes, not necessarily State law violations.  
> So different rules apply for making a federal "Citizens arrest", which I don't know of any statues which authorize/allow this
> --Dennis--
> -----Original Message-----
> From: chiefcowboy <chiefcowboy at verizon.net>
> To: dm <dm at quixnet.net>; pct-l <pct-l at backcountry.net>
> Sent: Sat, Jun 29, 2013 5:36 pm
> Subject: Re: [pct-l] Citizen's arrest
> 
> 
> Also know, that if a citizen "demands" an arrest, it is a misdemeanor for 
> the officer to refuse it.  If the officer feels it is an invalid arrest, 
> he/she will normally advise the arresting citizen.  But if the citizen 
> insists, the arrest will be made and a citation issued.  The proof is 
> between the arrestor and the arrestee - not the officer.
> 
> -----Original Message----- 
> From: dm
> Sent: Saturday, June 29, 2013 3:45 AM
> To: pct-l at backcountry.net
> Subject: [pct-l] Citizen's arrest
> 
> For thise contemplating a citizen's arrest of bikers
> illegally on the PCT, this is from the Califirnia Penal
> Code.  OR & WA may have different versions.
> 
> Duracell
> 
> "How to Make a Citizen's Arrest in California
> California Penal Code Section 837 states, "A private person
> may arrest another: (1) For a public offense committed or
> attempted in his presence. (2) When the person arrested has
> committed a felony, although not in his presence. (3) When a
> felony has been in fact committed, and he has reasonable
> cause for believing the person arrested to have committed
> it." A Public Offense is a felony, misdemeanor or
> infraction. (PC Sec. 16). In other words, a person in
> California who is not a law official or police officer can
> make what is commonly called a "citizen's arrest" if he or
> she witnesses a crime. For example, an Occupy protester who
> witnesses someone breaking glass or painting graffiti can
> hold an offender until police arrive. From incriminating
> information provided by the citizen's account, police will
> arrest the offender."
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