Is An Attorney On Board?
Create Post
Results 1 to 7 of 7
  1. #1
    firstsgtmike
    Guest Free Member

    Is An Attorney On Board?

    I didn't write this, I "borowed" it from another newsletter. It was written by a practicing attorney.

    "On the subject of protesters crossing the limits of free speech:
    if a protester so much as places another person in the apprehension of ANY unwanted bodily contact (to include spitting, feigned punches or lunges), it most likely constitutes assault.

    If a protester so much as touches your bodily person or anything
    attached to your person (to include spitting, punches or grabbing), it most likely constitutes a battery.

    And a person cannot hide behind free speech after they have engaged in "fighting words" meant to engage another in hostilities. Similar to yelling "fire" in a crowded theater, fighting words are unacceptable and are not Constitutionally protected. "

    ----------------------------

    I have a question in relationship to the above point.

    What are the rules and procedures for making a "citizen's arrest" when one is present when a crime (assault and battery) is being committed?

    How much "reasonable force" can be used to prevent the "escape" of the perpetrator while awaiting the arrival of law enforcement officers?


  2. #2
    Registered User Free Member JChristin's Avatar
    Join Date
    Aug 2002
    Location
    Portland, Oregon
    Posts
    427
    Credits
    0
    Savings
    0
    "What are the rules and procedures for making a "citizen's arrest" when one is present when a crime (assault and battery) is being committed?

    How much "reasonable force" can be used to prevent the "escape" of the perpetrator while awaiting the arrival of law enforcement officers?"


    A citizen arrest is also referred to as a citizen’s detention or a private citizen's arrest had its beginings in England. In our country, this is covered under the 9th Amendment, under the right of self-preservation and the defense of others.

    When a private citizen effects an arrest, a law enforcement officer has to agree with the arrest before any formal charges can be made. The arrest must have lawful meaning. Excessive force to detain a suspect, and not calling for the police directly could be considered negligent. It may also result in liability against the arresting and well-meaning citizen! So what construes "exessive force?" The courts will decide in each situation. Just hope the judge woke up on the right side of the bed that morning.

    In other words, many variable exists and state law varies from state to state. Contact the your local law enforcement agency into the proper form of citizen arrest, then contact your attorney for legal advice. In no way, is the information I posted here deemed to be construed as legal advise.


    semper fi
    jchristin


  3. #3
    firstsgtmike
    Guest Free Member
    " A group of Vermont teen-agers threw rocks at a uniformed female Vermont National Guard sergeant last week, in the latest example of a service member facing hostility in the United States.

    Under Vermont law, assaulting or abusing a soldier because of membership in the military is a hate crime. Conviction could bring up to five years in prison."
    ---------------------------------

    It seems to me that an event which carries a punishment of five years in prison would be considered a felony, rather than a simple misdemeanor.

    Common sense tells me that if three or four people were charged and convicted of felonious assault, demonstrators would rethink their behavior.

    Those of us in the military, past, present, or future, have put our lives on the line for what we believe in. What can be said about demonstrators???

    I'd be willing to participate in a game. Let's choose up sides for our demonstration. Those for and against. Let's play paintball, with live rounds, instead of blobs of paint.

    Let's see how strong YOUR convictions are.


  4. #4
    Amen.


  5. #5

  6. #6
    In Texas anyway...an Assault in ANY unwanted touching and you are able to use necessary force to protect yourself. They use the old "reasonable force" or force a "reasonable person" would deem appropriate. I just hope and pray that one of the protesters start something with me.


  7. #7
    Registered User Free Member JChristin's Avatar
    Join Date
    Aug 2002
    Location
    Portland, Oregon
    Posts
    427
    Credits
    0
    Savings
    0
    SUPER DAVE:

    I'm with you 100%. If only I could "gently couch" one of those squat to pee war-protestors into touching me. Then we would find out just how much they believe in "peaceful" solutions when one is "struck." Being a weightlifter, my first and only strike will provide a glimpse of the stars - I hope, and perhaps provide a spiritual awakening. But ya know, that really won't solve any issues anyway. Just feels good to let off some anger at those *** holes.

    I'm ready to play paintball. Got the face paint. Let's rock'n roll!


    semper fi,
    jchristin


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not Create Posts
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts