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I was reading about a local incident where a guy was outside staring in the window of a house and they turned on the light and guy didn't leave. They thought he was going to break in. He left after he heard police sirens.

Why would a siren scare him off? The police don't use those anymore except for donut runs do they?:confused:
 
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In some jurisdictions I know this is correct but I don't
believe we have come to this point yet in OR?
If I leave a sledge hammer in my car and someone steals it, should I be responsible for them then using it to pound in my neighbors door and killing the neighbors wife..

Just saying these secure gun laws are BS.

LEO's leave shotguns or rifles routinely in their patrol cars..

Yes the laws "make no sense" but since when did that ever stop the left? If they steal your car, even when you leave it unlocked and kill? Never see the left want you charged. Yet let them break into your home and steal a gun and they want it to be a crime. One thing to remember here too is we are not just talking criminal liability. There is also civil. The morons who champion laws about gun owners being responsible for scum stealing their guns also end up on juries. The left has been working real hard to convince everyone no one should own a gun and they are bad if they do. They have had a lot of success at this.
 
I have never heard of "unsecured gun laws"
They are trying to pass them in a lot of places. We got one passed up here they are of course fighting. As with all of these laws gun owners end up voting for them, then scream when they find out. Not to mention we are not just talking criminal law here. Your gun gets stolen and used in a crime, bottom feeders may well want money from you. That is something that has gone on for decades. It is amazing how many gun owners I speak to who had no clue this happens because they just don't bother to keep up with it.
 

That is good info. The language says "any crime". Wonder what that means?

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I was reading about a local incident where a guy was outside staring in the window of a house and they turned on the light and guy didn't leave. They thought he was going to break in. He left after he heard police sirens.

In this situation how could you legally do a citizens arrest (assuming a person wanted to I mean)?

I haven't researched it. What exactly do u do to put someone under citizens arrest? I know if you point a gun at someone it is considered menacing in OR but does that apply in a case like the one described above? Also if you have no weapon and aren't really physically imposing is there any sort of threat to keep them there? Do u have to just follow them until the police show up? Thanks in advance for any input.


If I had to keep someone on the ground to wait for the LEO to show up, I'd tell the bad guy to take his shoes off and throw them (from a safe distance.)


It is hard to run without shoes.
 
Ok, again rural, thief is stealing my truck with bug out gun inside, do I stop him their, or let him take it putting a deputies life in harm if the thief discovers said firearm?
Millions of scenarios could be speculated from this. Bottom line for me is, do you trust your deputies and or your prosecuting attournies

The way I read your response is that it is ok for a thief to steal my property from my residence and I am to be blamed for leaving such stealbles on my property?

======================================
In some jurisdictions I know this is correct but I don't
believe we have come to this point yet in OR?
If I leave a sledge hammer in my car and someone steals it, should I be responsible for them then using it to pound in my neighbors door and killing the neighbors wife..

Just saying these secure gun laws are BS.

LEO's leave shotguns or rifles routinely in their patrol cars..

I have never heard of "unsecured gun laws"

"Safe Gun Storage Laws"... coming to a town near you. There is a new storage law in the Seattle area. Orygun doesn't have it yet but the new supermajority is seriously pushing it for passage in 2019. Many other cities east of us already have these kind of laws.

As if somehow we are responsible for the actions criminals take with our stolen property. :rolleyes:

Watch the skies!!!
 
1) Reply to #8: How about a Wrist Rocket? (Disclaimer: this is a joke. I realize you can't do this in the Real World) :D
2) "Someone lookin in the window... citizen's arrest: 147gr thru the window and into the forehead will anchor them fairly well until the police arrive."
You may wish to rethink this. Shooting a peeper who is outside sounds like a great way to assure that the rest of your life is filled with cops, lawyers and prison guards, especially in a place like Insleestan. :eek:
3) #20: "Obviously there may be serious and obvious situations...like somebody pulls a knife on you and attempts to mug you. If you pull your gun and order them to the ground...and they comply...keeping them in that position and doing nothing more until the police show up is probably ideal."
If somebody pulls a knife on you @ Tueller range why would you pull your piece and talk? If it's time to pull your piece it's time to shoot.
4) #29: "Ok, again rural, thief is stealing my truck with bug out gun inside, do I stop him their, or let him take it putting a deputies life in harm if the thief discovers said firearm?
Millions of scenarios could be speculated from this. Bottom line for me is, do you trust your deputies and or your prosecuting attournies." (sic)
Hmmm. Under I-1639 since theft of that gun could subject you to a felony, can you pop the miscreant? (Probably not)
 
Unless someones life is in imminent danger of serious bodily injury, I would rely on the police to handle the situation and quietly wait in a safe place until they arrive. The law enforcement relies heavily on "good witnesses" that have the presence of mind to sometimes covertly record by using their smart phone or make notes of descriptions of people/vehicles/weapons, direction of travel, times, etc. Notes written in pen on a witnesses hand or arm can be very effective.

In the case of intervening during an assault of any kind each person must make that decision based on so many variables with the knowledge that if deadly force is used, their freedom could be decided not by police officers who understand the concept of escalation of force and "deadly force" but by a grand jury of people who may not be familiar with situations such as these.

But what if the police don't arrive after 40 min, 1 hr, 2 hr?

I agree about lots of variables and individual decision.
 
Just a point of interest on the subject of 'citizen's arrest' is that please assure the State you are in allows 'citizen's arrest' in their statutes, e.g., NC does not have any type of clause for the 'arrest' of another.

instead, it is called 'detaining'...further, in NC pointing a firearm at another citizen is a felony so not sure how you would detain another citizen?
 
Don't. In my criminal law class the instructor pointed out that the police have (variously, depending on the jurisdiction) a certain amount of immunity, including from lawsuits, if it turns out that they made an incorrect arrest. YOU don't! Legally, you must be right! No matter how justified it looks, things may not be as they seem and then many prosecutors will press charges against you.
 
First, you should contact a gun rights or criminal defense lawyer for a specific briefing on "citizen's arrest".

The following is based on California law, procedures, etc.
In California its technical term in private persons arrest. You can arrest for felonies and/or misdemeanors committed in your presence. if you do this, you are liable for your actions. .You simply tell the person "I'm placing you under private persons arrest for violating _____", or something similar. Citizens arrest is acceptable at this stage. The law is silent on how you detain the person until law enforcement arrives, but the method of detention must be reasonable. Almost every department has a card (City PD I started with had a 3x5 card) or form to be filled out. technically the officer can issue a citation (cite & release). He puts you down as arresting officer and himself as issuing officer. In any case we would have the citizen approach the suspect and say the statement above.

All California peace officers are required by law to accept any person placed under citizens arrest. Once the officer accepts, they have three choices - 1) book into jail - generally used with felonies; 2) Cite and release; or 3) release the subject due to insufficient grounds for a criminal complaint. Most departments have a policy/procedure for submitting reports to the District Attorney for possible issuance of arrest warrant, but this 4th choice is policy, not law like the first three.

In my experience (35 yrs railroad police, city PD, state police/highway patrol) I preferred the citizen "detained" the subject for me. This saves the citizen some civil liability for the detention, rather than an arrest. And allowed me some time to question involved parties, inspect damage, crime scenes, etc. As the law is written, once the citizen says "That guy did it, and I placed him under citizen arrest", my options are limited to the three.
 
I agree with this but she had to be crazy also imo.

So the q would be what can a person do that is productive? Calling 911 appears to be a waste of time.

Hypothetical example: What if she broke into a neighbors house and walked away with bags of their stuff. Do we sit and watch? It doesn't do any good to video. It doesn't do any good to follow them. Can't do citizens arrest apparently. 911 doesn't work. ?

She has now committed a burglary, which would ordinarily get the LEO's to pop their antenna up, now they have a crime for which an arrest would look good on THEIR record, and unless all units are busy, someone will probably respond. Be ready with a detailed description, and be ready to tell the LEO where she went if possible or at least which direction she went and was she walking or????
Good video evidence is golden!
Don't edit it at all! Follow their instructions on how to handle it as tampered evidence will be just kicked out by the court as
inadmissible.
Whatever you do keep your hands OFF, and forget about the citizen's arrest, it isn't worth exposing yourself to the possible litigation. just be a GOOD witness, take notes if possible.
Eye witness accounts are the least reliable because every one sees things differently.
If you have 20 witnesses you will have 20 different responses, and probably as many different descriptions of the BG. :eek:
This is what I was taught as a policeman, and it still is true today.
Gabby
 
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