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How to Make a Citizen's Arrest Against a Cop
HOW TO FIGHT POLICE ABUSE: A
COMMUNITY ACTION MANUAL
Police abuse is a serious problem. It has a long history, and it seems to defy all attempts at eradication.
The problem is national -- no police department in the country is known to be completely free of misconduct -- but it must be fought locally. The nation's 19,000 law enforcement agencies are essentially independent. While some federal statutes that specify criminal penalties for willful violations of civil rights and conspiracies to violate civil rights, the United States Department of Justice has been insufficiently aggressive in prosecuting cases of police abuse.
An alarming
number of abuses by law enforcement personnel against citizens (including against
the unarmed and elderly, handcuffed female prisoners, and even children are
being dragged out of schools in handcuffs for such ‘offenses’ as wearing a
politically incorrect T-shirt, etc.) have been reported in the news in recent
years. Further, the creation and
enforcement of dubious, un-Constitutional laws and other abuses of power by
local officials in Washington DC, CA and NYC are being reported in record
numbers.
It is time
for citizens to fight back, to strike out against such abuses through the
creation of citizen posses. Citizen
arrests of politicians and law enforcement, the use of Jury Nullification
tactics and more should be initiated against this abuse of the public trust…after
all, you can’t trust the fox to protect the hen house.
Sometimes outmoded and abusive police practices prevail
largely because no one has ever questioned them. In such cases, the simple act
of spotlighting a problem can have a powerful effect that leads to reform. Just
by raising questions, one person or a few people -- who need not be experts --
can open up some corner of the all-too-secretive and insular world of policing
to public scrutiny. Depending on what is revealed, their inquiries can snowball
into a full blown examination by the media, the public and politicians.
One of dozens of
recent examples of out-of-control cops-80 year old killed:
In
the United States, civilians are empowered to stop perpetrators in the act of a
serious crime and use reasonable force to hold them until an officer of the law
arrives on the scene. The conditions under which this is permitted vary from
state to state, so it's important to understand the laws in your region in case
you are ever in the position to stop a criminal. Read on to learn more about
how to make a citizen's arrest in the United States.
What is an arrest?
We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).
Why We Need a Citizens Posse
A strong argument can be made that the right to make a
citizen's arrest is a constitutionally protected right under the Ninth
Amendment as its impact includes the individual's natural right to self
preservation and the defense of the others.
Indeed, the laws of
citizens arrest appear to be predicated upon the effectiveness of the Second
Amendment. Simply put, without firepower, people are less likely going to be
able to make a citizen's arrest. A random sampling of the various states as
well as the District of Columbia indicates that a citizen's arrest is valid
when a public offense was committed in the presence of the arresting private
citizen or when the arresting private citizen has a reasonable belief that the
suspect has committed a felony, whether or not in the presence of the arresting
citizen.
A citizen may place a
police officer under arrest. However, a citizen is not protected in the same manner as
a law enforcement officer. If a citizen attempts to make a citizen's arrest
unlawfully, the officer may use physical force and arrest the citizen; the
citizen may then face criminal prosecution. Citizen's arrest laws vary from
state to state. Research your state's laws and carry out an arrest of an
officer in the proper manner to avoid injury and prosecution.
Research your state's laws concerning citizen's arrest. Use the Internet to search for your state's laws or visit your local law library. Gain a firm understanding of your state's laws.
Research your state's laws concerning citizen's arrest. Use the Internet to search for your state's laws or visit your local law library. Gain a firm understanding of your state's laws.
Witness an officer committing a crime. In most cases, the
crime must be considered a felony in your state and you must physically witness
the crime in order to make an arrest.
Never file a complaint directly with a police agency e specially if the complaint is of a serious nature, see an attorney! If you do plan on hiring an attorney, get one who doesn't work in your area. Don't get a lawyer from your town, county or from the surrounding counties. Local lawyers work with same judges, prosecutors and police officers on a daily basis and may not want to win your case as bad as you do.
You may also contact your State Attorney General. For serious incidents call the ACLU hot line 1-877-634-5454 or contact the Department of Justice Click here for the (DOJ) site.
Important Resources:
Here’s an ACLU step-by-step manual
This MSU site offers a compilation of resources focusing on
web sites dealing with police corruption or police integrity issues. Related
topics include Law
Enforcement and Police Use of Force.
Also read…
Police Abuse and How to Fight It
When did America become a nation of frightened wimps?
Why are our civil liberties disappearing?
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Witnessing the destruction…
Bruce ‘the Poor
Man’
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1 comment:
Most morons in this country are too frightened to fight back or even know what their rights are...yours is a lonely war my friend.
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