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spitfirebill
spitfirebill UberDork
6/18/13 4:07 p.m.
aircooled wrote: It looked to me like the arrest of the guy was not as much for the detaining of the kids (which certainly seems reasonable under the circumstances), but for rough handling of the kids. (It said something about grabbing one by the throat). Sort of like excessive force while being arrested. This is the primary danger of doing citizens arrests I have heard. Being sued after wards.

So, what if someone points a gun at an intruder? Isn't that a crime too?

JoeyM
JoeyM MegaDork
6/18/13 5:20 p.m.
spitfirebill wrote:
aircooled wrote: It looked to me like the arrest of the guy was not as much for the detaining of the kids (which certainly seems reasonable under the circumstances), but for rough handling of the kids. (It said something about grabbing one by the throat). Sort of like excessive force while being arrested. This is the primary danger of doing citizens arrests I have heard. Being sued after wards.
So, what if someone points a gun at an intruder? Isn't that a crime too?

depends....in some states that would be brandishing (....unless the jury can be convinced it was done to prevent a loss of a life)

Toyman01
Toyman01 PowerDork
6/18/13 5:42 p.m.

I have a good friend that was a SC state trooper. His advice was always to shoot them, make sure they are dead and then call the cops. Dead people can't testify.

A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:

(a) has committed a felony;

(b) has entered a dwelling house without express or implied permission;

(c) has broken or is breaking into an outhouse with a view to plunder;

(d) has in his possession stolen property; or

(e) being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed.

Still covered by law in the state of SC as long as it's after dark. You don't even have to be in fear of your life.

spitfirebill
spitfirebill UberDork
6/19/13 7:37 a.m.

They had a blurb about this on he news last night. Seems some fo the kids had some cuts and/or marks. The owner's son said these came from the broken glass and flying debris from the stuff the kids were smashing.

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