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Posted: 2/24/2006 8:31:02 AM EDT
And the suspect sustained injuries as a result his resisting arrest would you list the citizen's name and contact information in your report so that the suspect's civil lawyer could later file suit against the citizen for personal injury? Or would you state in your report that a citizen assisted with the arrest but left the scene before you could obtain their information for your report? Or would you omit the citizen's involvement in the arrest all together?
Link Posted: 2/24/2006 8:34:00 AM EDT

Originally Posted By Headless_T_Gunner:
And the suspect sustained injuries as a result his resisting arrest would you list the citizen's name and contact information in your report so that the suspect's civil lawyer could later file suit against the citizen for personal injury? Or would you state in your report that a citizen assisted with the arrest but left the scene before you could obtain their information for your report? Or would you omit the citizen's involvement in the arrest all together?



Actually I've eperienced this as a LEO-I listed the citizen that helped me as a WITNESS to the suspect's offense.

It'd be awful hard to sue a citizen that helped an officer, any lawsuit, I'd think, would be directed at the officer and his city/state/county. I'd assume the witness would be seen as acting under the tutelege of the officer.
Link Posted: 2/24/2006 8:35:11 AM EDT
I would probably make it a point not to ask his name, thus making him an "unkown citizen."
Link Posted: 2/24/2006 8:43:42 AM EDT

Originally Posted By ryann:

It'd be awful hard to sue a citizen that helped an officer, any lawsuit, I'd think, would be directed at the officer and his city/state/county. I'd assume the witness would be seen as acting under the tutelege of the officer.




It is quite common for a suspect to sue the police even when it is evident that they were injured resisting a lawful arrest. So I do not think that it would be out of the question for a suspect to also sue a private citizen that was involved in an arrest that resulted in the suspect's injury.
Link Posted: 2/24/2006 8:46:12 AM EDT

Originally Posted By Nimrod1193:
I would probably make it a point not to ask his name, thus making him an "unkown citizen."



+1
Link Posted: 2/24/2006 9:01:09 AM EDT
I would list him as a contact and write an honest, accurate report. Something I am sworn to do. He would have nothing to worry about in a Civil case however. A person can use that degree of force neccessary up to and including deadly force to stop an assault where death or great bodily injury is occurring or about to occur.

Non Law Enforcement have even more ability to use force (and more of it) becuse they generally di
o not have batons, pepperspray, training or firearms with them. An Officer generally can not strike someone in the head, kidneys or groin with a baton or a large rock that was laying nearby. Officers are trained that the head, kidneys and groin are NOT approved strike areas.

Someone coming to the aid of an Officer can use whatever they have handy to help.
Kick him in the nuts... Thank you very much!
Bash his brains out with a tire iron.. Thanks!
Pull his hair and gouge his eyes out.... Sign him up for a certificate of appreciation from the Department and me.

Nothing in our policy forbids us from using any force neccessary when human life is in jeapordy but usually we have to use..
Presence
Voice
Hands on (Control holds/ Pain compliance
Pepper Spray
Baton
Deadly

No "Escalation of Force" really. We can go directly to deadly if it is warranted.
Link Posted: 2/24/2006 9:04:17 AM EDT
[Last Edit: 2/24/2006 9:04:34 AM EDT by Old_Painless]
In Texas, if a situation like that happens and the Police Officer asks a citizen for help, if the citizen refuses, he can be arrested for Failure to Assist a Police Officer.

All citizens have a duty to assist a Texas Police Officer if he requests help. In fact, you are "deputized" when he does so.

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