Re: A2 Trade/Swap ... site ...

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In message <396C95B2.A69AFA13@inetnebr.com>
Roy and/or Janet Miller <millers@inetnebr.com> writes:

>Some times I had to wrestle the person to the ground, sometimes
>I had to run a foot race, and then tackle the person. I was never in
>any danger of committing a crime however, for I was a
>citizen enforcing the law, and here in the US that's legal (with some
>limitations however.)

This is incorrect. A citizen's arrest can only be made for a felony
or misdemeanor violation of the law AND you must do it at the
time of infraction AND you must have witnessed it yourself.

If less than a misdemeanor infraction is observed you have
no right to detain anyone. i.e. If you detain a jaywalker YOU
have committed a serious crime.

Additionally, if you "wrestle the person to the ground" or
especially if you "run a footrace, and then tackle the person"
and that person is injured in ANY manner because of it
you become liable for that persons injuries and can be
sued by the person you assaulted. Additionally, you may
be held criminally liable for any injury or death you cause.

In the USA, I might add ;o)

Don't believe me? There is a security guard in Dearborn,
Michigan in real hot water right now facing felony murder or
manslaughter charges because he and his colleagues
tried to detain a family they saw shoplifting jewelry .
When the father punched one of the security guards he was
put  in a choke hold by the other guard and suffocated to
death.

Witnessing a felony assault does not give a citizen a right
to accost the perpetrator. If you detain him, you better not
touch him. Licensed security guards are only private
citizens in the USA and only have the same
"citizen's arrest" rights as you or I.

Careful Roy, someday your luck may run out ;o)
--
Eric
chippys@earthlink.net