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The Water Cooler
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Porch pirate caught red handed.......strong language.
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<blockquote data-quote="Snattlerake" data-source="post: 3625858" data-attributes="member: 44288"><p>In the purest form yes. You as a private citizen have arrest powers if you see a misdemeanor or felony crime being committed. Oklahoma has a reasonable cause clause for felonies not committed in your presence.</p><p></p><p><em>§22-202. Arrest by private person. A private person may arrest another: </em></p><p><em>1. For a public offense committed or attempted in his presence. </em></p><p><em>2. When the person arrested has committed a felony although not in his presence. </em></p><p><em>3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. </em></p><p><em>R.L.1910, § 5659. §22-203. </em></p><p><em></em></p><p><em>Private person must inform person of cause of arrest. </em></p><p><em>He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission. </em></p><p><em>R.L.1910, § 5661. §22-204. </em></p><p><em></em></p><p><em>Private person may break door or window. </em></p><p><em>If the person to be arrested has committed a felony, and a private person, after notice of the intention to make the arrest, be refused admittance, the private person may break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpose of making the arrest. </em></p><p><em>R.L.1910, § 5662. Amended by Laws 2002, c. 460, § 15, eff. Nov. 1, 2002. §22-205.</em></p><p></p><p> <em>Private person making arrest must take defendant to magistrate or officer. </em></p><p><em>A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer. </em></p><p><em>R.L.1910, § 5663.</em></p><p></p><p>Citizens cannot arrest based on an arrest warrant. That is reserved for police powers given to the authorities in their jurisdictions.</p><p></p><p>We know the definition of probable cause - "Facts or apparent facts that would lead a reasonable person to believe a crime is, was, or is going to be committed." Reasonable Cause to me is more like reasonable suspicion which is less certain.</p><p></p><p>It is really sad that people don't know the power they really have.</p></blockquote><p></p>
[QUOTE="Snattlerake, post: 3625858, member: 44288"] In the purest form yes. You as a private citizen have arrest powers if you see a misdemeanor or felony crime being committed. Oklahoma has a reasonable cause clause for felonies not committed in your presence. [I]§22-202. Arrest by private person. 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. R.L.1910, § 5659. §22-203. Private person must inform person of cause of arrest. He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission. R.L.1910, § 5661. §22-204. Private person may break door or window. If the person to be arrested has committed a felony, and a private person, after notice of the intention to make the arrest, be refused admittance, the private person may break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpose of making the arrest. R.L.1910, § 5662. Amended by Laws 2002, c. 460, § 15, eff. Nov. 1, 2002. §22-205.[/I] [I]Private person making arrest must take defendant to magistrate or officer. A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer. R.L.1910, § 5663.[/I] Citizens cannot arrest based on an arrest warrant. That is reserved for police powers given to the authorities in their jurisdictions. We know the definition of probable cause - "Facts or apparent facts that would lead a reasonable person to believe a crime is, was, or is going to be committed." Reasonable Cause to me is more like reasonable suspicion which is less certain. It is really sad that people don't know the power they really have. [/QUOTE]
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