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To: neverdem
United States
Each state with the exception of North Carolina permits citizen arrests if the commission of felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights.[17]

Though North Carolina General Statutes have no provision for citizen's arrests, detention by private persons is permitted and apply to both civilians and police officers outside their jurisdiction.[18]

Detention, being different from an arrest in the fact that a detainee may not be transported without consent, is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.[19]

Let's get legal; It's a lot easier if you're packing. If you dial 911 and aren't put on hold, you may have a lengthy wait till the LEOs show up. Then you'll get the third degree while the perpetrator is Mirandized. You may find yourself sued by the perp for whatever Civil Liberties violations his lawyer can think up, the LEO's will provide the paperwork on discovery, Good Samaritan notions ignored and the you'll consider an pleading insanity defense for doing the right thing.

Shoot....
315 posted on 07/02/2008 9:49:59 PM PDT by BIGLOOK (Keelhaul Congress! It's the sensible solution to restore Command to the People.)
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To: BIGLOOK; PhilDragoo; Bob Ireland; Matchett-PI; Jim Robinson; mcmuffin
"...Let's get legal; It's a lot easier if you're packing. If you dial 911 and aren't put on hold, you may have a lengthy wait till the LEOs show up..."

How to get a Cop!

911: Yes, how can we help you?
caller: Yeah, there's a guy breaking into my garage,
I can see him through the kitchen window.
Can you send the Police?
911: We can have a Police car there within 30 minutes!
caller: But he's breaking into my garage now!
911: Just stay on the line, Sir!

Think of this as a Bob Newhart skit ...

caller: Hello, 911?
911: Yes, how can we help you?
Yeah, uh, I'm the guy that called about the burglar breaking into my garage a coupla minutes ago ...?
911: Yes?
Well, I shot the son-of-a-bitch twice, and he's on the ground, and he's not moving ...
911: Oh-My-God

(Sounds of sirens in 15 seconds)

caller: It's OK - the Cops are here now ... Thanks!

Moral: I carry a gun because a copper is too damned heavy, AND, there ain't no Dunkin' Donuts on my street!

This is not legal advice - it's just my opinion. Learn the difference!

Must be an election comin' up. The TV's turnin' brown ................. FRegards

320 posted on 07/02/2008 10:41:21 PM PDT by gonzo ("Shall Not Be Infringed" - The SCOTUS got it right ... for now ... FRegards)
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