jupitersterrain four

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest

the public generally do require a warrant, unless the officer is in Hot Pursuit of a fleeing felon. The Fourth Amendment also allows warrantless arrests for misdemeanors committed in an officer's presence

In Criminal Law,  the circumstances of the seizure justify a warrantless Search and Seizure. For example, the police may seize a pistol in the coat pocket of a person arrested during a Robbery without presenting a warrant because the search and seizure is incident to a lawful arrest. Certain federal and state laws provide for the seizure of particular property that was used in the commission of a crime or that is illegal to possess, such as explosives used in violation of federal law or illegal narcotics




3.01am, 25.11.12. 

Doing a flying jump kick to his sternum and then putting him in a sleeper hold while whispering ”shhhh…go to sleep my sweet little evil one” would probably be considered excessive force, and you could be liable for any injuries you may have caused the bad guy

But let’s change the scenario up. Let’s say you see this same guy committing a felony, but he’s running away. Chasing and tackling him to the ground could be considered reasonable force. If he starts to wrestle away, you can use enough force to protect yourself and ensure that he stays put until the cops get there. So a punch in the ribs and a well-placed arm lock might be in order. If the bad guy was injured during your scuffle, you wouldn’t be liable for any injuries so long as the amount of force you used was reasonable

“I’m placing you under citizen’s arrest!” you triumphantly proclaim.

You quietly sneak up behind him and grab him

Uh oh. You’re in trouble

“Let go of me you idiot! This is my car! I’m just locked out of it.”

If you beat the crap out of a guy while making your arrest, when simply holding him down would have sufficed, the police could charge you with criminal assault

Every man will need to weigh the risks and rewards and decide when he thinks it’s worth it to take justice into his own handsIn addition to the legal consequences, you’re also putting your own personal safety at risk

The guy you just wrongly arrested could charge you with battery and assault, and he could do you for a whole host of things like  false arrest. Lesson: Make sure the person has actually committed a crime before you arrest them

3.09am