Posted on Oct 26, 2021
What is the citizen's arrest law at the heart of the trial over Ahmaud Arbery's death?
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https://www.npr.org/2021/10/26/ [login to see] /what-is-the-citizens-arrest-law-in-the-trial-over-ahmaud-arberys-death
A Law with a Troubling History.
A Law with a Troubling History.
What is the citizen's arrest law at the heart of the trial over Ahmaud Arbery's death?
Posted from npr.org
Law
Murder
American History
Brunswick
Posted 3 y ago
Responses: 2
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PO1 William "Chip" Nagel Dear Chip, and, my Dear Rally Point Brothers and Sisters: I have mentioned this before on Rally Point. My late adored father, The Hon. James Sloane Higgins was a Federal Administrative Law Judge. Prior to that my late Beloved father was a civil defense lawyer.
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The ability to use a "Citizen's Arrest," is always risky. I know in Virginia, (as an MP) if Military Police witness a felony, ON or OFF duty," they have NO authority whatsoever - as an MP. They can, and did, make "Citizen's Arrest" on occasion. It had to be for an "on view" FELONY however, like an armed robbery attempt at a 7-11 where an MP made the Citizen's Arrest.
In the case of Arbery's death however, there seemed to be NO "reasonable" suspicion of his having committed any felony. As for the "Stand your ground," law mentioned in the article ... in my mind, it was ARBERY who had the (only) RIGHT to "stand his ground!" That's the point I hope the prosecutor makes against the three idiots.
In the case of Arbery's death however, there seemed to be NO "reasonable" suspicion of his having committed any felony. As for the "Stand your ground," law mentioned in the article ... in my mind, it was ARBERY who had the (only) RIGHT to "stand his ground!" That's the point I hope the prosecutor makes against the three idiots.
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PO1 William "Chip" Nagel
SSG Bill McCoy I'm a Private Security Officer and I Know in Most Situations I call the Cops and they Take Care of Business but Occasionally in those "Rare" situations they will "Handle" the Suspect while I Let Him Know that He is Under Arrest and They'll Tell Me What to Say. The "Law" is a Weird Critter.
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SSG Bill McCoy
PO1 William "Chip" Nagel - Yep, law is a "weird critter! Here in PA, Security Officers' authority even differs between business/residence or retail security. Retail CAN physically detain you, BUT must have legitimate probable cause. Business/residential can only make you give up whatever you might have taken, and can chase you UNTIL you drop/surrender property. They can NOT detain you however, but can ASK you to wait for the police.
Security Officers in PA, in order to possess a firearm, handcuffs, nightstick or mace, MUST be certified under PA's Act 235 and are regulated by the State Police. They can make, as ANY citizen can, a CITIZENS ARREST for a felony offense or a misdemeanor breach of the peace crime. Otherwise, non certified security officers have limited (NO) use police like equipment. However, in PA the possession and legitimate use of mace/pepper spray is allowed by any adult. It gets confusing if a security person uses it however, and carries it's own standards of justification for citizens or otherwise.
There's a separate act for School Police (Security), and Pennsylvania law contains authorization for a class of privatized police officers. These officers exercise police power while within their jurisdiction -- the property to which they are assigned. The law only allows a limited number of nonprofit entities to hire private police officers.
Security Officers in PA, in order to possess a firearm, handcuffs, nightstick or mace, MUST be certified under PA's Act 235 and are regulated by the State Police. They can make, as ANY citizen can, a CITIZENS ARREST for a felony offense or a misdemeanor breach of the peace crime. Otherwise, non certified security officers have limited (NO) use police like equipment. However, in PA the possession and legitimate use of mace/pepper spray is allowed by any adult. It gets confusing if a security person uses it however, and carries it's own standards of justification for citizens or otherwise.
There's a separate act for School Police (Security), and Pennsylvania law contains authorization for a class of privatized police officers. These officers exercise police power while within their jurisdiction -- the property to which they are assigned. The law only allows a limited number of nonprofit entities to hire private police officers.
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