TexasCHLforum.com

KD5NRH wrote:

txinvestigator wrote:

cyphur wrote:Is there a definition as to what qualifies as an offense against the public peace?

nitrogen wrote:What exactly is classified as "offense against the public peace?"

Yes there is. Disorderly conduct is, as is criminal mischief, indecent exposure, criminal trespass.

Uh, wouldn't a citizen's arrest for criminal trespass sort of defeat the purpose? "Leave, or I won't let you leave!"

Thats what I teach. lol

cyphur wrote:Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

They are all felonies. However, if somone is using or about to use unlawful deadly force against me, I am not going to try to arrest.

I guess if you really look at it, Deadly Force is the ultimate restraint.

cyphur wrote:Is there a definition as to what qualifies as an offense against the public peace?

nitrogen wrote:What exactly is classified as "offense against the public peace?"

Yes there is. Disorderly conduct is, as is criminal mischief, indecent exposure, criminal trespass.

I should caution that if you make a person feel that if they are not free to go, you have restrained them. If you have an actual arrestable offense then you are legally ok. However, if you are mistaken and what the person did did not amount to a violation then you have committed a crime called False Restraint.

Private Citizens generally have no authority to detain a person to investigate a crime. If you detain a person, you HAVE arrested them, regardless of your intent.

I only posted that I would arrest because I know the law well and am confident in that. I do not suggest that others attempt to make arrests, especially for non-felonies, except under the most extreme circumstances.

I teach 4 hours of arrest to the security classes. They arrest under the same authority as a "any other person".

nitrogen wrote:How does the citizens arrest work in Texas, exactly?

What do you mean?

He just committed aggravated assault. I would draw on him and tell him he is under arrest and to get on the ground. With my left hand I call 911. If he goes at her again or comes at me I would do whatever I need to protect her or me.

If he fled I would not stop him. First aid for the victim would be the priority.

However, this guy is the same one who knocked a guy out at a fast food place too. I have dealt with his type before, and I do not believe he would flee. I firmly believe he would attack me in that situation.

If you are asking under what conditions a private person can arrest in Texas, here is the relevant law;


Texas Code of Criminal Procedure
Art. 14.01. Offense within view.† [Crime committed within view of
peace officer.]

(a) A peace officer or any other person, may, without a
warrant, arrest an offender when the offense is committed in his
presence or within his view, if the offense is one classed as a felony
or as an offense against the public peace.

Under the CCP one can also arrest to prevent the consequences of theft.

I would arrest the guy. He committed a felony in my presence. Chapter 9 allows force to be used to effect an arrest also.