Near Citizen Arrest

^this happened in california. and a quick google search confirms, it is not illegal to resist citizen's arrest. if you assault the person, you can be charged with assault. but while the law permits a citizen to restrain someone they witnessed commit a crime until law enforcement arrives, they do not have the power to officially place you under arrest.
 
^
ah okay, under Canadian law a 494 CCC (citizens) arrest is no different from a peace office arresting someone without a warrant, except they must of witnessed the offense (not just reasonable and probable grounds/suspicion) and they must deliver you to a peace officer asap.

But they have the same use of force rights, and once they tell you your under arrest, you have to comply or face obstruct/resist/assault peace officer (because they are acting as agents of the state the courts ruled they are for that time public officers/peace officers) and escape custody/unlawfully at large charges.

on the person doing the arrest, they are expected to the minimum force necessary, but can use whatever force is necessary, are expected to inform you of your rights, and if they can safely do so, allow you to call a lawyer while waiting for the police to arrive. (when security guards arrest someone, its not a high priority call...it can be a few hours til the police show up)

</lesson in Canadian law>
 
Personally, I am not a violent person but I would have grabbed the crowbar and rammed it up his ass. What did this strange character look like.? Pesonality? Was he a redneck? Retard? Redneck retard? [this last one is going too far - edited!]
 
Last edited by a moderator:
In your case, I'd "develop" severe psychological issues (e.g. PTSD) as a result of the assualt and then sue him for damages.

If you can get an expert witness (i.e. Psychologist/Psychiatrist) to testify regarding the extent of your psychological damage as a result of this nut cases actions, you could be up for some serious cash. Maybe...
- Inability to work (he pays your current salary while you are unable to work)
- Ongoing PTSD as a result of the assault (he pays for all your treatment)
- Psyhcologicalt trauma (he pays whatever this is determined to be worth)
- Plus he pays all costs
Depending on how *damaged* you are by this incident, I think you could easily get six figures out of him.

That would be my approach.

If your friend gets evicted, he can come and stay at my awesome new place that I've just bought with my civil payment.
 
Captain.Heroin said:
You weren't smoking when he attacked you, he assaulted you, so you can press charges.
Click to expand...

He could have been openly smoking a joint and it would have been assault. I would call the police and take the $100 fine for pot any day in order to press charges on some asshole like that, in fact, he had a weapon. Wouldn't that make it felony assault?Citizens arrest his ass right back.
 
i dont know in the US, but here if someone assaults you with a weapon, you have the right to defend yourself; that includes taking one's life if you have reason to believe your life is in clear present danger. ie: if you had a gun on you, you could use it to defend yourself.

of course, this is a long shot, but its just an example of how wrong the idiot with a crowbar was.
 
You must log in or register to reply here.
Top