TexasCHLforum.com

http://news.galvestondailynews.com/stor ... 6b59fbe2c7

Texas City, Sept. 23, 2007: An off-duty* Marine, Leslie Nolan Jr., observed two "alleged" burglars breaking into a neighbor's house late at night. He armed himself with a pistol and apprehended one of the "suspects."

Police arrested the other "suspect" a short time later.

The print version of the newspapers has photos of these guys. They look exactly like what a movie director would get if he sent to casting for a pair of goofballs.

Take-home quotation:

The man bolted toward the open gate, but the tenant kept a piece of plywood on the ground to prevent her dog from escaping.

Nolan said he caught the intruder when he tripped over the plywood and fell to the ground. He said he fought the man with one arm, while keeping his pistol clear from the melee.

“I had him in a headlock and pulled him to the ground,� Nolan said. “He dug his fingernail into me. I took the gun and whopped him on the top of his head ... He went a little limp.�

Nolan gave the intruder one final warning.

“The next one,I explained, would blow his head off,� Nolan said. “I didn’t want to shoot him, but I turned him over on his back, and let him see it.�

Legal aspects:

• prevention of burglary
• prevention of theft or criminal mischief in the night time
• protection of the property of a third party
• arrest by a non-LEO citizen

* If you say "former Marine," you get dinged. This man was not on active duty and called himself a "former Marine." However, he remains an excellent example of the fighting spirit.

- Jim

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?

AEA wrote:The gun aspect may have some repercussions and may not.

Not in this county.

- Jim

seamusTX wrote:

AEA wrote:The gun aspect may have some repercussions and may not.

Not in this county.

- Jim

I agree with them filling the role of "goofball" perfectly.

The Marine did not look like a fellow you would want standing behind you with a gun pointed at you! I would take him as my neighbor any time!Bravo.

Enjoy prison fellas! Wrong neighborhood, wrong town.

Jason

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

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?

Semper fi, my friend. Semper fi.

Would you not agree that breaking and entering/neighborhood burglary (plus at night in Texas) is an offense that is against the public peace?

It's also a Felony,

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.

Question for anyone who wants to take on a challenge...

Just think about it...

If a civilian can arrest and detain, does that civilian have the authority to Mirandize (sp?) that suspect???

"You have the right to remain silent...blah blah blah..."

I want to see what others think about this...

If done properly is it legally binding, or does it require a commission in the state to administer that procedure...Or should you just be quiet and wait for the calvary...(the last option is what I would think is proper...)

Granted, I am in no way pushing for civilians to act as Law Enforcement officials...

I know in some departments its required to read from a card, and not from memory for the suspect to be properly administered...

didn't the Court rule you didn't have to Mirandize someone, that a Cop'r was simply reminding the arrestee of his rights?
thought I read that somewhere....

anywho

AEA wrote: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.

course you would've. problem is, you don't know who that guy is.
what if the suspect had turned around and said something to the effect of, "I locked my keys inside, there's an emergency blah blah blah"

point being you don't know who that person is. maybe your neighbor don't look like your neighbor, covered in shadow.
now, the second the guy bolts, different story. but sure, go ahead, shoot the moving target...
just saying, maybe Mr Nolan's restraint saved more than just one life.

Well.......

In my opinion, I did know who he was.
When I say FREEZE and you RUN, then you were up to no good.

stevie_d_64 wrote:If a civilian can arrest and detain, does that civilian have the authority to Mirandize (sp?) that suspect???

Miranda isn't about being arrested. It's about being questioned while under arrest, and using those responses in court.

Someone making a citizen's arrest can't question the suspect and then use those answers against him legally.

stevie_d_64 wrote:Question for anyone who wants to take on a challenge...

Just think about it...

If a civilian can arrest and detain, does that civilian have the authority to Mirandize (sp?) that suspect???

"You have the right to remain silent...blah blah blah..."

I want to see what others think about this...

If done properly is it legally binding, or does it require a commission in the state to administer that procedure...Or should you just be quiet and wait for the calvary...(the last option is what I would think is proper...)

Granted, I am in no way pushing for civilians to act as Law Enforcement officials...

I know in some departments its required to read from a card, and not from memory for the suspect to be properly administered...

I guess that I don't understand why you would bother. As a private citizen you are witness to the crime that can testify against him anayway. does the fact that you happened to apprehend him change this?

AEA wrote:Well.......

In my opinion, I did know who he was.
When I say FREEZE and you RUN, then you were up to no good.

hey, I feel ya. I'm just saying, that at first, outside of someone else's house... ya know.

the impression I got, was that you'da shot the perp without saying "Freeze," first.