Man holds suspected golf club thief at gun point

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dennishoddy

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You are within your rights to arrest someone if you think a crime is committed. If you're wrong though, no get out of jail free card, like officers get, i.e. qualified immunity.
Yep, same as if you file a report of some crime against your neighbor. If it turns out to be unfounded, they can come back on you.
 

jmike314

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Oklahoma Statutes Citationized
[Broken External Image]Title 22. Criminal Procedure
[Broken External Image]Chapter 3 - Jurisdiction and Commitment
[Broken External Image]Section 202 - Authority of Private Person to Arrest Another

Cite as: O.S. §, __ __



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.


I get the "citizen's arrest" but do the laws allow for the usage of a firearm by the arresting citizen?
 

mbok1947

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I was just looking at this as a relative newbie here. I really can't judge how appropriate this citizens arrest was without knowing what caused the guy with the gun to believe the suspect had victimized him. In fact it is perfectly legal to make a citizens arrest for a misdemeanor committed in your presence or for a felony with probable cause. In fact during my years on the street I saw quite a few cases where home and/or business owners held burglars and other thieves at gunpoint until police arrived. Most of those cases were not CCW holders taking action; they were property owners stopping a theft. The question in those cases, and I suspect in this one, was not was it legal to detain the suspect at gunpoint. It was if the man truly believed that the described crime had involved the suspoect. The question was and is what can you do if they flee or resist? In those cases the basic rule of CCW responsibility applies: is your life or the life of another threatened, at least to the threshold of serious bodily harm? In this case it was clearly not, but the gun holder did not shoot, so he would be legally sustained.

I remember one case from the 1970s that ended quite comically. The owner of a small western wear shop near the Cowboy Hall of Fame had been burglarized and decided to sleep in his shop with a shotgun. Sure enough the burglars came back for more and he apprehended them and called the police. When the first officer arrived he saw the owner in the parking lot with the shotgun with the two burglars tied hand and foot with ropes around their necks thrown over a tree limb. The officer knew the owner and knew of his past burglaries so he asked, basically, what was up?

"I'm hangin' these thieves!" he said while puling up on the ropes as the burglars stood nervously on tip-toe. Of course he was just scaring them effectively, since as juveniles everyone knew they would be home with mama by sunrise with barely a slap on the wrist. There were no further issues and that story was good for a lot of approving laughs and cheers at patrol lineups for the rest of the week.
 

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