Search found 2 matches

Return to “"You messed with the wrong Marine!"”

by flintknapper
Tue Sep 25, 2007 11:04 am
Forum: Never Again!!
Topic: "You messed with the wrong Marine!"
Replies: 19
Views: 3741

AEA wrote:
Article 14.01(a) of the Code of Criminal Procedure permits private citizens to make arrests only if the offense is classed as a felony or as an offense against the public peace
Would you not agree that breaking and entering/neighborhood burglary (plus at night in Texas) is an offense that is against the public peace?

I would agree entirely. My post was intended to "add" information to yours...for those who don't know:
Every Citizen has the right to arrest, without warrant, a person who is observed committing an offense.
Not all offenses allow for a "citizens arrest", that is an important distinction.....so I thought I'd just throw that in there. ;-)

I am not questioning whether or not this particular incident was valid or not (plainly it was).

I applaud the Marine for his actions.
by flintknapper
Tue Sep 25, 2007 8:39 am
Forum: Never Again!!
Topic: "You messed with the wrong Marine!"
Replies: 19
Views: 3741

AEA wrote:Arrest by a Non-LEO Citizen is perfectly legal. Every Citizen has the right to arrest, without warrant, a person who is observed committing an offense.
Day or night, makes no difference. The gun aspect may have some repercussions and may not.

However, Theft under the cover of darkness in Texas is grounds for use of deadly force. I applaud his restraint, but I believe I would have shot.

With that being said,.....the question is how many citizens are willing/able to accomplish this?


But not just "any" offense:
Article 14.01(a) of the Code of Criminal Procedure permits private citizens to make arrests only if the offense is classed as a felony or as an offense against the public peace

Return to “"You messed with the wrong Marine!"”