Rights and Duties while under Citizens Arrest?

[BrassMonkey]

Case law mostly.

[stevie_d_64]

What I meant was the slightest word, or look in the direction of someone who is basically doing something that is disturbing the peace, or causing an annoyance near you, or even something maliciously destructive or illegal, is a risk some people are not willing to interject their sensible reasoning into...

I agree. A more extreme example is a guy in Galveston who told drug dealers to go somewhere else, and they tried to burn down his business.

It's a risk, but if law-abiding people don't take it, the thugs will completely take over.

You just have to figure out the best way to do it.

- Jim

Totally with you on that aspect...Knowing what legally keeps us "in-check" for lack of a better term, helps us know what we can and cannot do, and if the other party decides to take offence at our reasonable request(s), then other things come into play...

Which I have sometimes been concerned that any effort on our part to reasonably and maturely deal with a situation like this could be misconstrued as escalating in a court of law...But then again things like that would not surprise me...

[seamusTX]

Which I have sometimes been concerned that any effort on our part to reasonably and maturely deal with a situation like this could be misconstrued as escalating in a court of law...But then again things like that would not surprise me...

You can tell a person who is doing something illegal to stop. As long as that is done in a reasonable way, I do not see how it could be considered provocation. This must be common law going back as far as common law existed.

Then, if the wrongdoer attacks you or retaliates, the law concerning use of force comes into play.

Texas DAs and courts are still reasonable about these things, thank God. Sometimes I'm surprised how tolerant they are. (Tolerant isn't quite the right word for refraining from prosecuting people for doing the right thing, but I can't come up with a better one.)

At the same time, you have to pick your fights. For example, I used to see prostitutes around my neighborhood. As long as they didn't bother me or mine, I pretended they didn't exist. Certain jobs are best left to the LEOs.

- Jim

[pbandjelly]

WOW,
My name says senior member already. I think that makes me special... :-)

yeah, short bus special....
jk

[BrassMonkey]

My favorite color is clear, and I like watching the wind go by...

WOW,
My name says senior member already. I think that makes me special... :-)

yeah, short bus special....
jk

[txinvestigator]

An example of "Breach of Peace" is a repo man entering a closed garage or home to reposses your vehicle. This applies whether there is a right to reposses or not.

This is simply one example of Breach of Peace as an example was requested. There are 4 or 5 others just for repossesions as well. I think yelilng fire in a movie theatre counts too. Not sure on that one.

No, that is not breach of peace. It is Burglary. And the law to which we are referring states that any person may make an arrest for an OFFENSE committed in his presence or view. That means it must be a specific penal code violation that is an OFFENSE AGAINST THE PUBLIC PEACE. There must be a specific penal code violation.

And yelling "fire" in a movie house is TPC 42.06, "False alarm or Report" and that WOULD be an offense against the public peace.

[txinvestigator]

Case law mostly.

No.

[KD5NRH]

At the same time, you have to pick your fights. For example, I used to see prostitutes around my neighborhood. As long as they didn't bother me or mine, I pretended they didn't exist. Certain jobs are best left to the LEOs.

I've seen some really nasty looking prostitutes, but when you get right down to it, they still looked a lot better than our LEOs would in those short skirts. I'd say leave prostitution to the prostitutes.