User Panel
Posted: 7/18/2008 1:08:43 PM EDT
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from the stuff I have read a citizen's arrest are for felony crimes only, not misdemeanors. If this is true then unlawful detainment, lawsuit is in order |
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If he's out of his jurisdiction, could he be prosecuted for impersonating a police officer?
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No. He is still a police officer (albeit one with a problem). |
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Smart. I'm sure the PD is only refusing to release the tape for "National Security" reasons. |
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Cop is a dumbass.
As to your other questions. AL Law. Section 15-10-7 Arrests by private persons. (a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it. (b) An arrest for felony may be made by a private person on any day and at any time. (c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit. (d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house. (e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate. (Code 1852, §§449-452; Code 1867, §§3998-4001; Code 1876, §§4668-4671; Code 1886, §§4266-4268; Code 1896, §§5215-5217; Code 1907, §§6273-6275; Code 1923, §§3267-3269; Code 1940, T. 15, §§158-160.) Section 15-10-1 Officers authorized to make arrests. An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county. (Code 1852, §434; Code 1867, §3983; Code 1876, §4653; Code 1886, §4260; Code 1896, §5209; Code 1907, §6267; Code 1923, §3261; Code 1940, T. 15, §152.) |
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Only if he isn't one. In most areas police officers are limited to enforcing traffic violations while on duty and in their geographical are of employment. |
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More AL Law
Section 15-10-70 Duty of arresting officer and sheriff of other county. When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail or guardhouse nearest to the place of arrest, and the sheriff of such county shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement. (Code 1886, §4549; Code 1896, §4960; Code 1907, §§6639, 7205; Code 1923, §§3743, 4815; Code 1940, T. 15, §180.) Section 15-10-74 Arrest powers of peace officer in fresh pursuit. (a) This section shall be known as the Alabama Fresh Pursuit Act. (b) "Fresh pursuit" as used in this section does not necessarily mean instant pursuit but it does mean pursuit without unreasonable delay. (c) The authority of any peace officer of this state whose arrest powers are otherwise limited to a political subdivision or subdivisions of this state, shall extend throughout the county and into any adjacent county when the officer is in fresh pursuit of a person or persons to be arrested for a misdemeanor. Such authority shall extend throughout the state when the officer is in fresh pursuit of a person or persons to be arrested for a felony. Following such pursuit, the arrest powers of the officer in a political subdivision or subdivisions other than his own shall be the same in all respects as the arrest powers the officer has in his own political subdivision. (d) This section shall not be construed to restrict or limit in any way other statutory or common-law arrest powers that any peace officer of this state has when acting as an officer or as a private citizen. (Acts 1981, No. 81-655, p. 1071.) |
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Not to sound like I'm some billy-badass or something...
but If someone runs me off the road and comes up screaming and cursing at me, they are likely to get shot. - AG |
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These jack boots were made for stomping, and that's a just what they are gonna do, these jack boots are gonna stomp all over you.
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"citizen's arrest", that's funny
Want to try a citizen's arrest with me? Lets add assault and battery. |
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And more than likely end up in prison. |
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I'm the toughest guy on the internet..............................
Many of you fit that description. I'd like to know more about this. Why do I bet, young officer, with a few prior "lapses in judgement"? He should be now known as former officer. |
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Unmarked car with no blue lights = no stop. If there's any doubt at all, I would proceed at a safe speed to the nearest police station, while giving a blow by blow to the 911 operator.
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I'd be telling the 911 operator I was in fear of my life, and I did what I thought was necessary to protect myself. You can draw the conclusions yourself.
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She was an idiot for pulling over.
He is a bigger idiot though. and he probably doenst need to be an officer any longer. |
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Keep an eye on this thread. www.ar15.com/forums/topic.html?b=1&f=5&t=721806 |
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I guess i'd call 911 unless he wanted to trade some paint, then it would get ugly.
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She'll get paid and he might bet fired.
Best bet would be to head for the local cop shop. Wonder if she was a .mil dependent?? If so, she should have headed for the main gate and let the MP's deal with fucktard. |
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Update
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The 911 tape will speak volumes. |
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Interesting update. |
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So she almost kills someone and wonders why people are chasing her. Stupid bitch. |
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Assuming this is 100% accurate. He still fucked up chasing her down, and pulling her over. Get the plates let the on-duty guys handle the stop. Anybody that goes chasing off down the road after someone is taking a chance on getting shot. |
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No, he is (or was) a police officer. Depending on the state an officer can make an arrest or cite for any offense that occurs in his presence. Of course, you're supposed to do it with the dash and elan of a Jack Webb, NOT bumbling bad ass buffoon. Looks like the process is going to work to the dismay of the cop haters. A bad cop is identified and canned or the apparent witnesses will support him. |
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Brian |
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+1 |
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Funny, big touh guys around here, but when someone is yelling and screaming at them, they want to shoot them If you follow this great advice by the OP, remember, prison won't make you gay. It is called situational homosexuality. |
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Do you believe everything you read on internet? |
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Depends on the state. In CA, a private person has the right to make a privat eprson's arrest if it is a misdemeanor committed in their presence, or a felony not committed in their presence. |
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Except in my case it's true. If that cop had come up to my window, I would have sodomized him. How's that grab ya? |
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Pitching or catching? |
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Hopefully, not for much longer. |
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+ .40. I don't consider myself a badass or anything like that, but I do know what I have prepared myself mentally and physically to do in a wide variety of situations. |
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If the off duty cop was innocent and not LYING in his response. They would have released the 911 tapes.
They did not. That speaks volumes. |
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Since this situation involves a cop, of course, the woman couldn't be LYING, right? (additional hyperbolic emphasis omitted). Let's review the original title:
Assuming the two are separate and distinct municipalities, they are probably each conducting investigations... as is the county or state by now if things are like they are here. Lousiville won't release tapes they don't have (since the incident occurred in Radcliff) and won't make a public position until the facts are known; Radcliff probably is still sorting feces, and won't release anything pertaining to the investigation until they have a determination of events. Government moves, but not often quickly... and it's not always a conspiracy. Sorry to burst your bubble. |
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I don't care if you are naked driving 100 mph the wrong way down a one way while dragging three puppies leashed to your bumper. I will never attempt to stop a vehicle while off duty and in my POV. Unfortunately, this job gets the best of some people.
I have no idea what actually happened in this situation, but I know what I would do and what I would not do. |
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Have fun in prison.. Gotta love the internet tough guys. Shooting somebody for cursing and yelling? Pathetic. |
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+1 |
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I dunno, I can see instances where I might. Someone advancing towards me, while screaming, cursing, and making threats? That might get you ventilated. Saying it is pathetic is silly. |
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Hear comes the Blue wall of "protect the bad cop" again. I've never seen a police force withhold unless it's a cover-up. It's simple. If he was innocent they would release the tape. |
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Yeah. At least wait for the car to back up and clip off your mirror, then it's a good shoot. |
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WOW! Goes to show you how one should never make assumptions based on only one side of the story. The fact that the LEO has witnesses attesting to his version makes it all the more interesting. |
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Do you draw down and shoot everybody you get into a bar brawl or argument with? ZThis, of curse, is a moot point if he has any type of weapon (bat, bottle,knife, gun, etc.) |
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