To: BorderResident
OK, that defines criminal trespass. What offense does that rise to under the state law in question - 2nd degree misdemeanor, 1st degree, felony? Because in both Arizona and Texas, you cannot execute a citizens arrest unless you witness a felony in progress, with the exception of misdemeanor riot.
160 posted on
03/25/2003 7:08:45 AM PST by
dirtboy
(Rally For America - Steps of PA State Capitol, Harrisburg - March 29 at high noon)
To: dirtboy
Arizona Revised Statute 13-3884. ARREST BY PRIVATE PERSON
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to breach of the peace, OR a felony.
2. When a felony has been in fact committed and he has reasonable grounds to believe that the person to be arrested has committed it.
In AZ you may make a citizen's arrest after witnessing a misdemeanor, or in the case of a felony, the citizen need not witness the offense but must have REASONABLE grounds to believe that the person he is arresting committed that offense.
I will point out again that the two RR volunteers (NOT contractors, as one poster insinuated) only detained the two illegals and did not arrest them even though by law in both TX and AZ they would have been legally authorized to do so.
David Cheney, N. AZ Coordinator for Ranch Rescue
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