citizens arrest on solders violating posse comitatus?

[robertwerden]

With the recent coverage of National Guard units taking to the streets during the g20, it made me wonder if a citizen could make an arrest with the assistance of a regular police officer for violation of posse comitatus.

My thought process is if protests are to be taken seriously then a court case needs to happen. This would require a cooperative law enforcement officer and a citizen to agree to make the arrest before hand, capture the arrest on video and alert the media prior to the arrest so that it gets coverage.

 

[Matt Collins]

That sounds like a good way to get killed.

 

[slothman]

That sounds like a good way to get killed.

The Tank Man in during the Tiananmen Square event in China did the same thing.
The tank didn't run him over but he was killed.
Do you remember anything else about that event?

Sometimes being a martyr is better than doing something less fatal.

I wouldn't try to arrest military personal(sp) though.

 

[robertwerden]

Ive made hundreds of citizens arrests. I was a security guard and when pressing charges against a shop lifter, the procedure is a citizens arrest.

You call the police and the police ask, are you making a citizens arrest, you say yes, the police officer informs the person they are being charged with a crime and then either take them into custody or issue a summons. The person does not physically get arrested by the citizen, but by the police officer on behalf of the citizen.

Just to clear the whole (you'll be killed argument)

 

[BudhaStalin]

The police wont respond to a citizens arrest on a national guard soldier... they'll probably just laugh at you and perhaps even arrest you.

 

[robertwerden]

Right thats why I said a cooperative police officer. Someone who is part of the CFL or just a strong constitutional supporter.

 

[pcosmar]

Right thats why I said a cooperative police officer. Someone who is part of the CFL or just a strong constitutional supporter.

You are in search of a very rare animal. Good luck.

 

[robertwerden]

I sense great fear in all of you

 

[Elwar]

You call the police and the police ask, are you making a citizens arrest, you say yes, the police officer informs the person they are being charged with a crime and then either take them into custody or issue a summons. The person does not physically get arrested by the citizen, but by the police officer on behalf of the citizen.

Just to clarify, the police takes them into custody or you do? Do they ask you over the phone if you're making a citizens arrest?

What's the difference between a citizens arrest and just calling the cops on someone and telling them what happened?

 

[robertwerden]

The police get called, or better they are already aware and agree with you before you approach the military person.
In a citizens arrest you are the one pressing charges, signing the complaint etc. The police are only there to facilitate the physical force needed to detain the person or most likely issue a summons and release the solder. The solder would then be charged with violating posse and be scheduled to appear before a judge. The best person to do this to would be the officer in charge of the chain of command at the scene.

Being ex military I can tell you that being arrested by local police is a common occurrence with many solders who are out about town raising hell. In uniform or in civilian clothes military must still abide by local state and federal laws. A solder is not immune like a diplomat is. Simply identifying your self as a solder does not give you a free pass. The chain of command off base immediately goes to local law enforcement.

 

[ghengis86]

I sense great fear in all of you

Yeah, I'm afraid.

In the sense that my life would be wasted pursuing a 'good cop' (ha!) and then trying to arrest a NatGuard Soldier in full dress and arms in front of 20 or so of his buddies also toting firearms during a violent protest full of agent provacatuers...

yeah, i think my life will be better served avoiding such encounters.

don't get me wrong, it's an interesting idea, but in the end, it's a government employee in a black robe deciding the fate of another government employee who makes sure the goverment employee in the black robe always gets the tax revenue for his paycheck.

i think you have too much faith in the 'system', which is to say any at all.