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Citizens Arrest - Applying to Illegals ?

mnrivrat48
I just finished reading the laws of Texas regarding citizens arrest.

I was wondering if it had application if a US citizen was present and caught a person coming into this country illegally. I chose Texas as it is a border state. Other states laws may vary.

I don't pretend to be a lawyer or even have the knowledge to interpret some of the laws as written. After reading this information regarding Texas law it would seem to me that a case could be made for citizen arrest of illegal crossing of the border. An interesting idea that would be sort of fun to explore further.
I found out that in order to do an arrest in this manner the criteria included you had to be present to witness the crime.

The crime itself has to be a felony , or something that applies to the disturbance of peace in the community. Either doing it, or exciting others to do so.

It occurs to me that the second mentioned may apply.

Frankly after reading through the information I think Maxine Waters during a public address may have fallen under the ability for a citizens arrest if she were in Texas anyway.


I just thought I would share this thought with you 'all as a FYI sort of thing. And perhaps 10,000 of us citizens could perhaps meet a crowd of illegals if any slipped through ! [:D]
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Comments

7 comments

Date Votes
  • wpage
    Check with local sheriff dept.
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  • TooBig
    Where is Sheriff Joe when we need him
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  • Alpine
    Back in the day, we were told it was a violation of federal law to illegally enter the country, and we were not to enforce federal law only state laws.
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  • hunter86004
    quote:Originally posted by Alpine
    Back in the day, we were told it was a violation of federal law to illegally enter the country, and we were not to enforce federal law only state laws.

    My son is a State Trooper here in Arizona and they can't enforce federal law.
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  • mag00
    https://www.azleg.gov/ars/13/03884.htm
    "13-3884. Arrest by private person

    A private person may make an arrest:

    1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

    2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it."

    Also, in Arizona, you can shoot a fleeing criminal in quite a few of the scenarios, even in the back. You do have to meet some guidelines which I am not exactly sure on, but one is that you have to have witnessed the felony.

    Police are held to a higher standard than the civilian.


    quote:Originally posted by hunter86004
    quote:Originally posted by Alpine
    Back in the day, we were told it was a violation of federal law to illegally enter the country, and we were not to enforce federal law only state laws.

    My son is a State Trooper here in Arizona and they can't enforce federal law.


    So are you saying he doesn't have to honor his oath of office?

    Have him call Sheriff Joe. [;)]


    ARIZONA STATE PERSONNEL SYSTEM LOYALTY OATH

    A.R.S. ?38-231. Officers and employees required to take loyalty oath; form; classification; definition
    A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.
    B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section.
    C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13- 2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.
    D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section.
    E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:
    State of Arizona, County of _________________ I, _________________________(employee name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ________________________________________(agency name) according to the best of my ability, so help me God (or so I do affirm).
    ______________________________________(Signature of officer or employee)
    ______________________________________(Date)
    F. For the purposes of this section, ?officer or employee? means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.



    We need to start suing these politicians who violate the oath of office, get em fired or make em pay.
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  • hunter86004
    "So are you saying he doesn't have to honor his oath of office? "

    Nothing in his oath gives him the power, or duty, to arrest.


    IIRC, his official duties as a law enforcement officer are stated elsewhere.
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  • hunter86004
    "So are you saying he doesn't have to honor his oath of office? "

    Nothing in his oath gives him the power, or duty, to arrest.


    IIRC, his official duties as a law enforcement officer are stated elsewhere.
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