how to hold a suspect for police

[Bulldawg165]

oh wow, good one.

I have to agree with you, except my wife carries a Glock 23. But following the question and scenario back her into a corner and protect. Beauty of 50-1 is how many want to be the first 16 before my mag change? A rush of a violent mob again creates an articulable threat and fear (16-3-21 again) if you verbally command them to stay back... Your covered. If they are just making a run on MD2020 of the local Korean corner store (does that cross a line?) and do not approach nor threaten us... We will watch the show.

you can't use lethal force to protect property.

Nail on the head IMO

 

[Bulldawg165]

BP at the intersection of Grassdale Road and Hwy 41 Cartersville Ga. Cook from the Waffle House next door saw suspicious activity behind the store and went over to warn the clerk. He ended up shot in the back as armed assailants robbed the store and kidnapped the clerk.

That's awful. I hope the cook and clerk ended up alright (you didn't specify if the cook died) and they caught the bad guys. I hate to armchair QB the situation because obviously I wasn't there but maybe the cook should have went ahead and called the police. If it's suspicious enough to warrant taking a break from your job to warn someone it's probably suspicious enough to call the cops over, but I wasn't there so I guess I don't have all the facts...

 

[Shrek926]

That's awful. I hope the cook and clerk ended up alright (you didn't specify if the cook died) and they caught the bad guys. I hate to armchair QB the situation because obviously I wasn't there but maybe the cook should have went ahead and called the police. If it's suspicious enough to warrant taking a break from your job to warn someone it's probably suspicious enough to call the cops over, but I wasn't there so I guess I don't have all the facts...

Agreed he should have called 911. The robbers had done a string of robberies in the Cartersville, and Rome areas. The cook survived but is paralyzed from the chest down. I was the first LEO on the scene that night and remember it vividly every time I walk into that same store. They made him get on his knees and shot him in the back.

This is why I say...
The criminal element WILL NOT have compassion or care. They are vile filth that prey on what they believe will be weakness, and if you do not make a choice, they will make it for you. That guy with the bat that started this whole thread can run like a rabbit after getting the cash, or as with the cook (I will call him Dave, but remember his name as my own) the guy with the bat puts a victim down because he can. And you watched.

 

[Beerman]

I used to run a c-store years ago. One of my employees got robbed at knife point. He distracted the perp, hit him with a hot pot of coffee and used two drop cords to hog tie him until the police arrived. I saw the whole thing on video.

 

[substratum]

Wow, very similar. With him leaving Stand your ground wouldn't apply, but not knowing I will ask, does Florida have a "citizens arrest statute? It would apply is why I ask.

No statute, per se. Here is what I found on the Florida Concealed Carry forum:

At common law, a private citizen could make an
arrest without a warrant in certain specific
circumstances:
A private citizen does have the common law
right to arrest a person who commits a felony in
his presence, or to arrest a person where a
felony has been committed, and where the
arresting citizen has probable cause to believe,
and does believe, the person arrested to be
guilty. Even though there was time to obtain a
warrant, a private citizen may make such an
arrest and justify his failure to obtain a warrant
by proving the person arrested was actually
guilty of a felony.
Phoenix, 455 So. 2d at 1024 (citing Collins v.
State, 143 So.2d 700, 703 (Fla. 2d DCA), cert.
denied, 148 So.2d 280 (Fla. 1962)).

Citizen's arrest must be used very sparingly and applicaiton of deadly force can prove problematic if the situation is unclear.

There is also some 2007 and 2009 Florida caselaw that supports citizen's arrest.

 

[Shrek926]

No statute, per se. Here is what I found on the Florida Concealed Carry forum:

At common law, a private citizen could make an
arrest without a warrant in certain specific
circumstances:
A private citizen does have the common law
right to arrest a person who commits a felony in
his presence, or to arrest a person where a
felony has been committed, and where the
arresting citizen has probable cause to believe,
and does believe, the person arrested to be
guilty. Even though there was time to obtain a
warrant, a private citizen may make such an
arrest and justify his failure to obtain a warrant
by proving the person arrested was actually
guilty of a felony.
Phoenix, 455 So. 2d at 1024 (citing Collins v.
State, 143 So.2d 700, 703 (Fla. 2d DCA), cert.
denied, 148 So.2d 280 (Fla. 1962)).

Citizen's arrest must be used very sparingly and applicaiton of deadly force can prove problematic if the situation is unclear.

There is also some 2007 and 2009 Florida caselaw that supports citizen's arrest.

Roger that! Good stuff! Hope you educate other Floridians of this. I transported a guy many years ago from a crime scene where a homeowner held him at gun point. He cried and wailed "he pointed a gun at me dawg, that ain't right". The home owner was justified to punch his time clock. Instead he used the Georgia common law "citizens arrest" and detained (arrested) the dirt bag.

 

[Bypass]

View attachment 131453

Nice old lady.

 

[Ballplayer]

you can't use lethal force to protect property.

In Texas you can, but we're not in Texas are we so your location matter also.

 

[Shrek926]

In Texas you can, but we're not in Texas are we so your location matter also.

interesting... The whole "shoot a horse thief" thing is true! Haha

in GA you can not use deadly force to protect property unless human life is threatened.

 

[Ken Ford]

here is the situation, someone just tried to rob a convenient store and you caught him in the act when you were hidden in a isle of the store and pulled your gun and pointed it at him telling him to get on the floor or some such statement, the suspect had a baseball bat only and surrendered when he saw the gun.the suspect is unarmed and laying down on the floor, now what do you do?

do you wait for the cops to arrive and hold your gun pointed at him on the floor the whole time or what?

You wait.