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Posted: 5/4/2003 2:50:17 AM EDT
To make a long story short. Last nite i spotted a dui on the freeway and called it in. 911 is a joke. After 3-4 more miles i blocked the guy in and told him i was making a citizens arrest. I was on the phone 2nd time with 911 giving location for police back up. Dui was so drunk he couldn't even unlock his door and open it and get out. 10 mins they never show. Then these 2 huge guys show up and start callin me haole and saying i have thier cousin. One guy is about to start gettin physical so screw it, i get in my car and lock up and call 911 again. Huge guy grabs dui and gets in dui truck and drives off. 15 mins i had this guy on the side of the road and no cops ever show up. After they took off i did a u-turn and didn't see one cop coming my way to assist on my way outa there. 3 calls to 911 and then they never even called me back to see if i was alright or anything later. I even told the operator i was making citizens arrest.
Anyone ever make a citizens arrest? I'm not even sure if it's legal here. Any info? Is it federal law? Stone |
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In cases of felony, you have citizen's arrest powers.
I can see you don't know how to get the cop's attention. Try this: "Southbound in the northbound lanes, nearly forcing several people off the road." Then update 2 minutes later saying he is now northbound in the northbound lanes. [:d] |
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I never have, but my cousin Golmer made a citizen's arrest on a local deputy once....
-HS |
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In Texas, you can arrest for theft, disturbing the peace, and felonies committed in your presence.
Yes, I've made about 6 or 7 citizens arrests. 2 or 3 for theft 2 for fighting 1 for yelling profanities in a downtown area 1 for indecent exposure on a public throughway. I didn't say any crap like "this is a citizens arrest" or anything - I just detained them until PD arrived. And, as you know, detaining someone against their will is arresting them. edit: In each case everyone but the theives were cited and released. The theives were hauled away. |
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One day while sitting at a red light, I saw a guy come running out of a bank across the street, with a 300 pound, .5 foot tall female rent-a-cop in slow-as-molasses pursuit. I turned and followed the guy in my truck as he ran, and when he finally got winded, I just pulled up next to him and held him in a full nelson 'til the tub-o-lard finally wheezed up screaming "DON'T HURT HIM!".
I stayed until she could compose herself and take over. I guess that's a citizen's arrest, 'cept I don't know what he did except run from an fat, ugly woman, and brother, that's really no crime in my book. I should find him and apologize. |
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I've never detained anyone till the cops arrived; you might wait for days (unless it involves drugs; the drug guys will come in the middle of the night as fast as they can get there). I have on a few occasions suggested to people that they were acting in a manner that could be hazardous to their health and they should go far away to limit the risk. Catch and release you might say.
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I never have, but my cousin Golmer made a citizen's arrest on a local deputy once.... -HS View Quote You could at least do Gomer a favor and spell his name right. CITIZEN'S ARR-AY-EST!!!!! CITIZEN'S ARR-AY-EST!!!! |
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Yes. Two POS druggies, who, while I was giving First Aid to a hit-and-run accident victim, interferred.
The victim was unconscious, bleeding from the back of the head. They came up and tried to roll him over to get to his wallet. I told them three times not to touch the victim, I was rendering First Aid. They ignored me. While this was going on, my son brought my pistol, tucked it into my waistband at the small of my back, and pulled my shirt over it. My neighbors had slipped off, one at a time, and armed themselves also. I kicked one of the druggies over into the other, drew on them, and announced they were now under arrest for assault. They kept reaching toward their waists, said the wanted to show me ID, that they were cops. I responded, "I don't care. It's too late, I don't want to see any ID. You two are too f---ing stupid to be cops--if you reach down again, I'll nail both of you." While I monitored the victims breathing and pulse, the neighbors held the two a$$hole druggies at gunpoint until the ambulance and deputy arrived. The deputy was cool, did not even blink at all the guns. Just asked what was going on. "Those two a$$holes are under arrest for assaulting this unconscious man, tried to turn him over to get to his wallet." The deputy said, "That's stupid, the guy could have a spinal injury." I said, "Yes, that is why they are under arrest, and we will all testify if that guy was injured by them. Further, they are impersonating cops. I want to charge them with that, too." The deputy whispered to me, "They ARE cops, undercover narcs." He went over, chewed them out royally. The neighbors and I had a nice talk with the sheriff the next morning, and the two a$$holes were never seen in our community again. |
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One day while sitting at a red light, I saw a guy come running out of a bank across the street, with a 300 pound, .5 foot tall female rent-a-cop in slow-as-molasses pursuit. I turned and followed the guy in my truck as he ran, and when he finally got winded, I just pulled up next to him and held him in a full nelson 'til the tub-o-lard finally wheezed up screaming "DON'T HURT HIM!". I stayed until she could compose herself and take over. I guess that's a citizen's arrest, 'cept I don't know what he did except run from an fat, ugly woman, and brother, that's really no crime in my book. I should find him and apologize. View Quote Damn! Don't they have weight limits and physical requirements?! |
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A few times but not for anything less than a felony either robbery or assault with a deadly weapon. One time, it was an attempted rape.
Best line: "You even breathe hard you get a hole in you the size of your fist." [b]Being in the wrong place at the wrong time and someone else or you are in peril is one thing. Going around playing LEO is a total other.[/b] Besides not being a LEO or trained to be one, it is illegal for you to act as one. You were lucky you weren't killed. I would have taken note of the license plate and called 911. If this guy was not capable of driving his reasoning was impared and killing you on purpose or by accident was a real possiblity. I admire your sense of civic duty but caution you on how you apply it. [b]Proud to be on the board with someone of your character and courage.[/b] |
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TJ, the best line I ever heard was from Jack Webb as Sgt. Joe Friday in "Dragnet".
He busted into a flop house Apt. and caught a killer in bed. The camera gave the BG's view looking up the wrong end of an LAPD Ithica Model 37 with Joe Friday's dead pan face saying [b]"Flinch and you'll be chasing your head down 5th Street."[/b] Now that's a good line. I've been waiting 15 years to use it and I will probably never get to. |
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You could at least do Gomer a favor and spell his name right.
CITIZEN'S ARR-AY-EST!!!!! CITIZEN'S ARR-AY-EST!!!! I don't really care how his name is spelled, he's a silly flamer and a disgrace to the family.....I don't care if he did do a tour in the military..... -HS |
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Quoted: To make a long story short. Last nite i spotted a dui on the freeway and called it in. 911 is a joke. After 3-4 more miles i blocked the guy in and told him i was making a citizens arrest. I was on the phone 2nd time with 911 giving location for police back up. Dui was so drunk he couldn't even unlock his door and open it and get out. 10 mins they never show. Then these 2 huge guys show up and start callin me haole and saying i have thier cousin. One guy is about to start gettin physical so screw it, i get in my car and lock up and call 911 again. Huge guy grabs dui and gets in dui truck and drives off. 15 mins i had this guy on the side of the road and no cops ever show up. After they took off i did a u-turn and didn't see one cop coming my way to assist on my way outa there. 3 calls to 911 and then they never even called me back to see if i was alright or anything later. I even told the operator i was making citizens arrest. Anyone ever make a citizens arrest? I'm not even sure if it's legal here. Any info? Is it federal law? Stone View Quote The last DUI that got away from me WAS driving West in E-bound lanes and missed a head-on by inches. After following this southern cousin to his driveway I waited in the area for twenty or thirty minutes. Later I figured out that when they run the plates and get the address, they know how close he is to his home-and they don't tell you they have canceled the response-or anything else. I have to say usually I have good results when I "help", but I have learned ALWAYS cover your ass and take care of your own first. It may go against your intincts or desire to help, but if you handle yourself with discretion, you can keep yourself out of a lot of trouble. I am not advocating standing by and watching someone get hurt, but think twice, act once. You can get yourself into a lot of trouble in the heat of the moment. "Professionals" have an order of rescue; yourself, your partner, the public. When it comes to your place in the order of these things, you are the mushroom looking up through a round openning and hearing the hinges squeak. |
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I've got a feeling that if I tried to make an arrest, I'd be the one the cops would shoot...
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wow, some really interesting responses. we don't have ccw here so defending myself in that way was def not an option. can't even have firearms in the vehicle unless you are going to and from the range. my thoughts were if they're gonna get away, as long as dui wasn't the one driving then i wasn't gonna risk gettin my butt beaten black n blue.
intersting, the 2 huge guys asked me if i was a cop after i told them i was making a citizens arrest on their buddy. i told them no cause i was scared i might get in trouble for impersonating a police officer when the cops show'd up. i'm wondering though if i'd had said yeh i'm a cop now get in your car and mind your own business cause marked back up is on the way would there have been a different outcome. anyone without firearms making a citizens arrest ever have to use phycical force? any repercussions from it? |
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I've made a few 911 mobile emergency assist calls -
Driver in northbound lane heading south in Dallas, doing 25 in a 55... stayed on the phone with 911 giving position updates as motorists heading northbound were swerving to avoid the idiot... I paralleled him at a safe distance in the southbound lane, flashing my Hi-beams rapidly for on-coming traffic, until I saw the lights & sirens, then I proceeded at normal speeds home... Once on a wreakless driver - weaving real bad... obviously DWI... What [b]TomJefferson[/b] said... LEO's are prepared for such situations, and all the variables, and contingencies that arise... unless you practice - you are not... Use Common sense, if you have the upper hand, and can safely manage the situation, then proceed, but do not put yourself in Jeopardy while trying to keep an idiot from killing himself or others... You become another victim, and double the statistics. [sniper2] |
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I tried once. I saw a guy cutting into a sign in front of an apartment complex with a pocket knife. I wasn't carrying (since at that time, CCW's were even harder to get in SC), and stupidly I didn't think about the fact that the guy had a knife. The guy laughed at me after pulling-out his badge. I never figured-out if he was a city or a county cop, but I decided it was best to leave. Even if he wasn't a cop, I don't know what I would have done after he laughed. That taught me the lesson to not interfere unless I was prepared to physically stop the person.z
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There is no citizens arrest in the state of NC.
There is a citizens power of detention. 15A-404. Detention of offenders by private persons. (a)No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section. (b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence: (1) A felony, (2) A breach of the peace, (3) A crime involving physical injury to another person, or (4) A crime involving theft or destruction of property. (c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention. (d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following: (1) The determination that no offense has been committed. (2) Surrender of the person detained to a law- enforcement officer as provided in subsection (e). (e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law- enforcement officer. (1973, c. 1286, s. 1.) G.S. 15A-405, the only exemption, says a citizen has the power of arrest when specificly asked to assist by a LEO, as well as the same civil and legal protections. But it also says that there is no obligation to assist a LEO when asked to do so. Interestingly enough, this also applies to LEO's in NC who are outside thier jurisdiction, thier arrest/detention power is the same as anyone elses. |
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Yes,
Back when I lived in town, a Sunday night, around midnight a drunk came crashing through my yard and hit a huge tree, then backed out and tried to drive away, then a couple houses down the street, got stuck in another yard, got out and tried to drive off, I had called 911, and told the OP what was going on, meanwhile the driver had stopped the vehicle back in front of my house and was trying to turn around, so I stopped her, and told the 911 OP that I had stopped the driver and was detaining her until officers arrived, that was when I saw she had a INFINT CHILD with her in no car seat...... You should have seen the beer cans all in that car, had to have been at least a case of empties, and I dont know how many full ones were left... Well cops showed up fast and hauled her off, car was towed off, it had 2 flats and the passenger side of the car was beat all in.. Thankfully the baby was ok.... |
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A few months ago I saw a drunk girl nail the back of a car full of senior citizens sitting at a stop light. I pull up along side the girl, she sees me and takes off for the highway, entering on an exit ramp. I call 911..I got half a dozen cop cars and a diverted Police Chopper tracking this girl down. They had her cuffed and ready for my ID within 15 minutes.
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I was sitting in my car in a grocery store parking lot in Sturgis Mi, when a guy pulls up tugging on a 40 ouncer in a paper bag. He gets out with 2 women ,& a kid about 3 or 4 yrs old.
I called the police & reported him as he was going into the store. They said they would send someone out to handle it , so I waited in my car. I ended up calling again after I saw a cop come into the parking lot & just keep going without coming down the right row. They asked me to stay put, & call if he started to leave, so I did. When he left I stayed about 100 yrds behind the guy on the phone with the police giving them a play by play on our whereabouts. As I turned onto the main drag behind the guy I spotted 3 police cars in different locations waiting for him. My wife was with me, & we both smiled as all 3 cars pulled out as he went past. They pulled him over at a gas station, & we decided to pull in & watch. He was handcuffed, as were the 2 ladies. the kid was put in a different car, & by the time we left they had the guys car seats out of the car on the ground of the parking lot. I would guess they were looking for drugs. It was a real rush,& I felt good to of helped the little guy out of a bad situation.[:D] |
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I don't know about Hawaii, but Oklahoma Criminal Code, title 22, section 187 states that a private citizen may make an arrest, in all ways same as any duly commissioned law enforcement officer, EXCEPT to serve arrest warrants already issued by the courts. This requires AN OFFICER OF THE COURT to perfect.
As a citizen, you may arrest another person for: (title 22, section 202) a) a public offense (misdemeanor) attempted or committed in your presence. b) when the person commits a felony, although not in your presence. c) when a felony has been committed, and reasonable cause exists that the person arrested committed it. The arresting officer (or citizen, in this case) must: 1) must inform the arrestee of the cause of the arrest (section 203) 2) must IMMEDIATELY take the arrestee before a magistrate (or as a citizen, deliver the arrestee to a commissioned peace officer) ) (section 205) 3) must take from the arrestee all offensive weapons that may be on that arrestee, and must deliver those weapons to the same magistrate (or peace officer) before whom the arrestee was taken (section 206) Also, consider the degree of force allowed in making an arrest: Misdemeanor, absolutely NO deadly force or deadly weapon is to be used in making the arrest and then ONLY use the force MINIMALLY REQUIRED to effect the arrest. Felony, only reasonable and necessary force, including deadly force, BUT ONLY IF deadly force is required to apprehend and arrest a person suspected of a violent felony based upon probable case and which resulted in serious bodily injury or death of another, AND/OR if YOUR life OR the life of ANOTHER PERSON is in IMMEDIATE DANGER. Now, under the heading of "Don't Try This At Home, We're Professionals", let me stress that EVERYONE, LEO's OR NOT, are subject to false arrest provisions. This means that the perp may turn around and SUE YOU if you screw-up while making the arrest, plus they have to let the perp go. I'm not saying don't do it, but as a citizen you are under NO obligation to make an arrest if you witnesses a crime. A citizen IS required to report felonies, but under no obligation to try to make an arrest. If you are a concerned citizen, check out your local laws before trying this. I'm not saying don't do it, but you HAVE to do it right. (Plus, if you screw it up, you'll come-off looking like "Gomer" as posted above.) To any other LEO's, Atty's or retired, reading this, if I missed anything here please correct me. |
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As he said above, be sure to check your local laws.
You can detain a person in some cases in NC, but if you try to transport them or haul them to a magistrate you will find yourself charged with kidnapping. |
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I once had to make a citizen's arrest on a guy who was stalking me. Something that a lot of women don't know is that you can make a citizen's arrest on a guy you just suspect is stalking you. The cops can hold him if he's a felon, and chances are he's done something to break their parole.
I was stalked by a guy when I was 17, it got so bad that I ended up moving, I wasn't aware of all the rights I had, and I couldn't get a CCW. Here in Los Angeles, forget it. This guy was 6'2, built like a bodybuilder, and was pretty crazy. He was the main suspect when someone jumped the fence at a high school and raped my best friend, but she was so traumatized that it took her a week to make a report, because he'd told her he would kill her and her family if she did. She never actually saw him, just heard him, since he blindfolded her, and since there was no evidence once she made the report, they could not make an arrest. My friend knew it was him, though, so when he started following me to work and home, I got pretty freaked. I live in CA, so carrying a gun is not a possiblity, although I did carry a retractable baton my boyfriend had taught me to use, I figured that if I was searched by an leo, it would go better for me with that than a gun. I moved back 1 year later in part becuase word was that he was gone, turned out soon after I left he'd gone to prison for something. Anyway, he got out a year or 2 later, and when he walked into my work to tell me what he'd fantasized about doing to me, I knew he was going to be a problem. I went to the sheriffs, and they said that since he hadn't physically hurt me, they couldn't do anything. However, they did say that I could make a citizen's arrest, and that they would coordinate with me to be there, all I had to do was let him follow me into an area easily controlled by them. They said that chances were that he had broken his parole, and that even though they couldn't make a stalking charge stick, the fact that he was a felon meant that they could hold him without charging for something like 72 hours. He would go back to jail for breaking parole, and at least then he'd know that I wasn't going to be victimized by him. So, it all went off as planned. I had him follow me to a deserted park, and they picked him up, I just had to tell him he was under arrest for stalking. He lied to the deputies about his name, he had stolen property on him, and he'd never contacted his p.o. after getting out of prison, so he went away for about 1.5 years. This was about 5 years ago, and I ran into him on the street 1 year ago. He actually crossed to the other side once he saw me! It was an awesome moment, and I haven't heard from the bastard since. I know other women who have had problems getting the local leos to take interest in their stalking cases, so I will always be thankful to those officers who helped me get rid of him. |
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I don't really care how his name is spelled, he's a silly flamer and a disgrace to the family.....I don't care if he did do a tour in the military..... -HS View Quote SURPRISE, SURPRISE, SURPRISE!!!!!!!! |
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not an actual citizens arrest, but close enough. also definately a poor choice of action on my part, but something inside me said it was the right thing to do.....at the time.
end of my work week,1/2 a shift, out at 2330 hrs. stopped at a bar,4 beers later i left. coming home i happen upon an accident that had JUST happened. a trans am style car took a left to enter the highway on ramp. he pulled right into the front left of another car going the opposite way. what i saw was the other car that had been hit after it spun around,it's sideways blocking the two lanes of that side of the road. the driver is starting to get out. i see 3 other passengers and a lot of damage. the car that caused the crash is in the grass on the same side of the road facing back to where he had come from.no problem,except the guy has his tires spinning and is about to flee the scene. no other car is in sight. i don't own a cell phone. i was pissed that someone would stick it to someone else like that, i mean, it was an accident, just stay and deal with the outcome. no,the guy screws. i follow with me flashing my highs on and off on the off chance that i will attract a cops attention. kid makes his way over the overpass of the highway he wants on to, goes to do a u-turn and i push his rear out from under him. he gets started again and heads for the onramp.i continue to follow him, doing the headlight thing the whole way. i was about 50 yards behind him and my windshield got busted;seems when i pushed him around, one of his rear tires came off the bead and was now off the rim in pieces,one of which took out my windshield. followed him for almost 6 miles on an interstate at speeds hitting almost 90-100. he takes an exit into the city of lawrence mass and loses it as he rounds a corner. i had him blocked in so he couldn't drive anymore. he bolts out of the drivers door and runs. he's running in the direction that i was already facing, so i hit the gas,pass him by a bit and pull onto the sidewalk at an angle and against a fence to block his escape. he runs back the other way but now i'm out and on his ass. he runs up between some houses and loudly i yelled "stop right there". the guy dropped right on the spot. this was thanksgiving eve and there was a small party at the house where this took place. about 5 people came rushing out to see what was going on. i said that this guy just left the scene of an accident, please call the cops. with now several of us there, the guy didn't try anything funny. i asked him where his gun was, he said he didn't have one. we gave him a cursory pat down to be sure and let him get up ( he dropped into a puddle)and sit on the house steps. we could here the sirens coming. we asked the guy why he ran,he said he didn't have a license. cops came and arrested him,only then did i find out he had a drunk friend with him the whole time. the kid was passed out,not at all aware of what he had been through. cops were cool to what i did,but did tell me to not write about using my truck to push his car around with when i wrote my statement. i tried to get some money for my busted windshield, but got none. about 6 months later, i saw that guys name in the paper for using a pipe or club on someone.he got 6 months. the people in that car that night were ok except for one that got a messed up ankle/foot. wished that i had a cell phone.it wasn't smart. the 4 beers allowed me to do what i should have only thought about doing instead of actually doing. to this day,though, i get burned to a crisp seeing people screw over other people like that. hit and run.....f'n cowards. |
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Next time call the local news channel as well. When they see it on the news, theyll have to go.
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There was this other time years ago. I didn't even know about citizens arrest then.
Well i'm driving over the mountain and this truck in front of me is all over the road. down the other side of the mountain is a short cut that goes right past a police station that's usually active. i said man i hope this guy takes the cut off and damn sure he did. there just happened to be a cop pulling outa the parking lot onto the road and i flashed my lights to get her attention and told her the truck in front of me had to be drunk. i went about my business and was on my way back home. this was like 4-5 hours later and i stopped at the 711 on that same cut off to grab a soda. that cop i signaled was in the store and i asked what happened with that guy. damn sure she said he was way over the legal limit and that i did a great thing flagging her down. |
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Quoted: 911 is a joke. View Quote I doubt that, pal. I take my job pretty seriously. You don't even know how many people that have been arrested on my shifts for DUIs becuase of quick thinking on my behalf to help the officers nail drunk drivers. Sorry, already lost 1 friend to that, and I'll be damned if it's gunna happen to anyone else if I can help it. And DUIs are just the start. Quick thinking on my end helps the cops and the fire dept. What do you think, what we are just some sort of glorified telephone operators or something? So the next time you wanna call someone's job a joke, think of all the things that could happen if no one was around to answer the phone when you had an emergency. You've obviously have never heard the screaming mother who is yelling into the phone that her baby is not breathing or the person who is cowering scared in their bedroom closet whispering that a burglar is downstairs. Yeah, that's right. Everybody in the chain is important. Forrest (911, what is your emergency?) is out. |
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MAybe some of you are right about the citizens arrest. Personally, I wouldn't even get involved with it. If something was serious enough to warrant attention or concern, I'd call the sheriff. Otherwise, I mind my own business. If bothered personally, I'll walk away the first time.
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