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Thread: Burglar sues men who captured him, claims rough citizens arrest

  1. #21
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by Your Star View Post
    This is basically Batman..err vigilante justice. The main question is do you trust regular people to pursue criminals, or do you leave that to the police. Personally I would leave that to the police in a case like this, but I don't the criminal should get a dime for this though.
    That's easy to say when it's not your crap being ripped off.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by Agent Ferris View Post
    Those who attempt to infringe upon the property rights of the individual should be shot on site.
    I like that idea,

    I always wanted to be able to shoot the kids that violated my property rights to get their football that they accidently threw in my yard
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  3. #23
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by Lord Tammerlain View Post
    I like that idea,

    I always wanted to be able to shoot the kids that violated my property rights to get their football that they accidently threw in my yard
    If it's their football, then they aren't infringing on your property rights. Correct?

    You do understand what property rights are, yes?
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  4. #24
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    If they were kicking him while they had him subdued that would be a different story. It sounds like they used appropriate force and the burglar is being a bitch.
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by TurtleDude View Post
    I believe that when someone engages in a felony against others, he should be debarred from suing the victims in civil court.
    That'd never fly. And it shouldn't.

    First and foremost, there are very specific laws relating to citizen's arrest....when they can be made, how they can be made, etc. In many states, had the car window not been broken (in other words, the car was unlocked), it would have been a misdemeanor. Many states only allow citizen's arrests in the case of a felony. (Which this was, so it's immaterial.)

    I don't know about this lawsuit; frankly, the details are sketchy. In fact, I don't even see that the state of Florida has a statute permitting citizen's arrest. They may permit them in all felony cases. They may permit them if one is apprehended inside of a store, for example. Orrrr, they may not permit them at all.

    In any case, in a citizen's arrest, the "citizen" does NOT enjoy the same protections a law enforcement officer does in effecting it. Frankly, if I were on the jury in this case, I would really raise my eyebrows that three citizens were involved in detaining this (apparently unarmed) guy -- and that one of them pointed a gun at him. Threat of deadly force over a bicycle is waaay over the top. These citizens are no doubt going to be punished whether they are found to be liable or not. Defending oneself against such a lawsuit, even if it's dismissed quickly, costs a small fortune. You can be sure that the judge will give this claimant lots of latitude because he's pro se.

    I think they're in trouble myself.
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  6. #26
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by independent_thinker2002 View Post
    If they were kicking him while they had him subdued that would be a different story. It sounds like they used appropriate force and the burglar is being a bitch.
    Hell! If they kicked him to death; who cares?

    It goes back to my earlier comment: if this happened more often, there would be fewer burglers.

    Liberals worry too much about criminal's rights and too little about law abiding citizen's rights.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by apdst View Post
    If it's their football, then they aren't infringing on your property rights. Correct?

    You do understand what property rights are, yes?
    They came onto my property without my permission. Meaning they are violating my property rights. If they want their football back they should ask before coming onto my property
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  8. #28
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by Lord Tammerlain View Post
    They came onto my property without my permission. Meaning they are violating my property rights. If they want their football back they should ask before coming onto my property
    No, they didn't. If they weren't taking your property, then they weren't violating your property rights.

    This is a piss poor example.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  9. #29
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by MaggieD View Post
    That'd never fly. And it shouldn't.

    First and foremost, there are very specific laws relating to citizen's arrest....when they can be made, how they can be made, etc. In many states, had the car window not been broken (in other words, the car was unlocked), it would have been a misdemeanor. Many states only allow citizen's arrests in the case of a felony. (Which this was, so it's immaterial.)

    I don't know about this lawsuit; frankly, the details are sketchy. In fact, I don't even see that the state of Florida has a statute permitting citizen's arrest. They may permit them in all felony cases. They may permit them if one is apprehended inside of a store, for example. Orrrr, they may not permit them at all.

    In any case, in a citizen's arrest, the "citizen" does NOT enjoy the same protections a law enforcement officer does in effecting it. Frankly, if I were on the jury in this case, I would really raise my eyebrows that three citizens were involved in detaining this (apparently unarmed) guy -- and that one of them pointed a gun at him. Threat of deadly force over a bicycle is waaay over the top. These citizens are no doubt going to be punished whether they are found to be liable or not. Defending oneself against such a lawsuit, even if it's dismissed quickly, costs a small fortune. You can be sure that the judge will give this claimant lots of latitude because he's pro se.

    I think they're in trouble myself.
    I guess I wasn't clear--if I WROTE THE RULES, someone who initiates a felonious act against a would be victim would be disbarred from suing his would be victim for whatever that WBV does to him in the COURSE of the felonious conduct. Now if Leroy steals a tv set from Jerome and a year later Jerome sees Leroy walking down the street and walks up and shanks Leroy-now that would be grounds for Leroy to sue Jerome. On the other hand, if Leroy is sneaking out of Jerome's home with a tv set and Jerome gives Leroy a colonoscopy with a BushMaster M4 in 5.56MM NATO, that's Leroy's tough luck



  10. #30
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by apdst View Post
    No, they didn't. If they weren't taking your property, then they weren't violating your property rights.

    This is a piss poor example.
    They were tresspassing on my property, god knows with what intent. Perhaps to steal my crab apples, perhaps to get their football. Point is they were tresspassing and should be shot.

    My yard is my property just like my house, enter either without approval I should be able to shoot you
    Happy Hanukkah Cheerfull Kwanzaa
    Happy Christmas Merry New Year Festivus for the rest of us

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