Tadaaa

"A power line guide wire knocked the rider off the motorcycle"

Holy crap that must have hurt.

I think the person who wrote this article also wrote this headline. The bike carjacked a van?

Salt Lake County sheriff's Lt. Paul Jaroscak, as quoted in TFA: "A citizen has almost as much right as the police to effect arrest."

That's why I don't live in Utah, I guess. If anyone not bearing a badge tried to tell me "you're under arrest, don't go anywhere," I'd walk away, and if they tried to restrain me, I'd kick, bite, and stab, and then sue when it was all over. That shiat doesn't fly in the US. (Unless you actually witness the commission of a felony.) I don't think "recognizing a stolen motorcycle" qualifies. That driver was being a douche and should've just called the cops, and at most tailed the guy as long as he could.

The Grinch: That's why I don't live in Utah, I guess. If anyone not bearing a badge tried to tell me "you're under arrest, don't go anywhere," I'd walk away, and if they tried to restrain me, I'd kick, bite, and stab, and then sue when it was all over. That shiat doesn't fly in the US.

Just taking a shot in the dark here... but I'm guessing the law was establish during a time when the State did not have enough law officers so they relied on citizens to detain criminals.

Any person can place a person under arrest. This is actually how security guards can arrest folks. The rules are that you can arrest someone for a misdemeanor committed in your presence and for felonies committed in our out of your presence. And that person can use a reasonable amount of force to detain you. Recognizing a stolen motorcycle DOES qualify because theft of a motor vehicle is a felony. But you walk a fine line placing someone under arrest, mainly because of the lawsuits. I do agree with The Grinch, though. The motorcycle thief didn't know who the guy was. He shoulda tailed him and called the police. Instead he placed a woman and her child in danger. He should expect a subpoena from that lady's lawyer shortly.

srtpointman

Any person can place a person under arrest. This is actually how security guards can arrest folks. The rules are that you can arrest someone for a misdemeanor committed in your presence and for felonies committed in our out of your presence. And that person can use a reasonable amount of force to detain you. Recognizing a stolen motorcycle DOES qualify because theft of a motor vehicle is a felony. But you walk a fine line placing someone under arrest, mainly because of the lawsuits.

Yes, you mostly got it. Technically, what security guards (non-arrest-powers officers; that is what differentiates them from public/private police forces) do is detain suspected lawbreakers. The law specifies: "Detention, being different from an arrest in the fact that a detainee may not be transported without consent, is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property."

So really, "citizens' arrests" are pretty rare, the sheriff in the article used the wrong term, and even when a regular citizen uses the power of detention against another, they run a high risk of a civil suit, both for laying the detention itself and for any force they may use to effect it.

"A citizen has almost as much right as the police to effect arrest."

Does that mean we can also do this?



/Just askin'

AR55: The Grinch: That's why I don't live in Utah, I guess. If anyone not bearing a badge tried to tell me "you're under arrest, don't go anywhere," I'd walk away, and if they tried to restrain me, I'd kick, bite, and stab, and then sue when it was all over. That shiat doesn't fly in the US.

Just taking a shot in the dark here... but I'm guessing the law was establish during a time when the State did not have enough law officers so they relied on citizens to detain criminals.

Coming from utah I can tell you it's because we have the laziest police force available.
I've had experiences with the police around here that make you not want to worry about getting them involved. It's easier to take care of things yourself rather than adding the extra burden of their amazing incompetence.
Me and a friend were working on a piece of property and left alot of tools locked in a shed next to the house. We came one day to find a window on the house and the shed broken. Then a guy jumped out the window carrying tools. My friend made sure he didn't leave and I called the police. The officer arrived and we found alot more of our tools in his car. We were able to see them through the window.
The guy said he was working demolishing a different house up the street and his boss told him that he could have anything left behind. Apparently that was enough to convince the cop that this was just an honest mistake because, as you know, people leave thousands of dollars worth of tools in perfect working condition around all the time. We collected the tools and found that some were missing still. The officer asked him if he had any more, he said no and we were told that without any evidence he couldn't even make the guy as much as open the trunk. After all this the guy drove off scott free.

So I can definitely understand why this guy did what he did.

"A citizen has almost as much right as the police to effect arrest."


/agrees

I think that anyone who steels a ride is asking to be prosecuted for horse theivn' times 42 ... Link (new window)

larryschnellmann: I think that anyone who steals a ride is asking to be prosecuted for horse theivn' times 42 ... Link (new window)

I can has grammar, Subby?