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hypothetical question....

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23 comments

  • The Dutchman
    What are we waiting for?? [;)]

    quote:Originally posted by LOKO383
    If people that cross our borders are felons the minute they cross,then why can't ordinary citizens make citizen arrests..at gunpoint if need be..and I'm not talking about complete vigilante justice,although, it would send a clear message to the ones thinking about making the journey,....Loko..[I'm for stocking the Rio Grande with gators and poisonous reptiles]
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  • Marc1301
    Good point,......I am sure they could, but there is no government agency that would accept them.
    The cops would quickly become irritated at you,.......if you aren't irritating enough already![:D]
    They would still be turned loose, as is done now.[:(]
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  • watrulookinat
    The Militia Act Of 1792 has been forgotten.[V]
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  • LOKO383
    anyone know what justifies a citizen arrest and the process involved..serious!....Loko
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  • Marc1301
    quote:Originally posted by LOKO383
    anyone know what justifies a citizen arrest and the process involved..serious!....Loko

    I won't pretend to know.
    I would check with the Feds, and your local law enforcement, and AG's office, before attempting it, if that is on your mind.
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  • daveald
    In ohio if you see a person commit a crime (felony) including drunk driving, You have to be able to prove it and be willing to testify to what you observed.
    then you call it in report in some manner if its dUI the police have to nab the person in the car.
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  • LOKO383
    United States
    All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are strictly liable before both the civil law and criminal law for any violation of the rights of another.[10]

    North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons.[11] These statutes apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person who they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent.

    Washington does not have a specific statute granting citizen's arrest powers. However there has been several state court decisions rendered that affirm and uphold common law citizen's arrest power for (a) felonies committed in the presence of the person making the arrest or (b) misdemeanors committed in the presence of the person making the arrest provided the misdemeanor also constituted a breach of the peace.

    Illegal aliens are felons right?...if I entered Mexico or any country illegally what would happen to you or I ???....I'm just sick and tired of this crap on TV saying, how many enter and that not all are from Mexico,people that hire illegals should be held as aiding and abetting [sp] these criminals too..People get arrested on our streets everyday for being felons and some actually spend time in jail..we need a "GITMO" in the southwest desert run by the Sheriff of Maricopa co. AZ...what does the average person do besides write a letter to your reps and congress man/woman which they never read anyway..it goes in the x-file [trash]..this country is really going to hell in a hurry..I'm glad I don't have children to grow up in this place we all call home,..want to see the future?..better practice up on your Spanish [:(!][V]....Loko...[rant over for now] [V]
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  • Marc1301
    Loko,.....all we can do, is what we can do.
    I feel your pain, and understand where your thoughts are coming from, for sure!
    Save your anger, and ammo,.......the day will most likely come where we both might need it bro!
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  • JamesRK
    Illegal immigration is a misdemeanor for the first offence. After the first it "may" be prosecuted as a felony.

    Citizen's arrest varies from state to state, but generally speaking a citizen has "power of arrest" for a felony committed in his presence.

    I'm not an expert on the law, but it seems to me that it's illegal for state and local law enforcement officers to ignore federal law.
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  • Marc1301
    quote:Originally posted by JamesRK
    Illegal immigration is a misdemeanor for the first offence. After the first it "may" be prosecuted as a felony.

    Citizen's arrest varies from state to state, but generally speaking a citizen has "power of arrest" for a felony committed in his presence.

    I'm not an expert on the law, but it seems to me that it's illegal for state and local law enforcement officers to ignore federal law.

    What about the false documents, and SS cards that the majority carry James,.........I always was under the impression that SS number theft was a felony?
    Splain please, if I am right or wrong.
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  • LOKO383
    nobody gives a rats a.. anyway,about this country thats why its going doooooooooooooooooowwwwwwwwwnnnnnnnn the drain,..bring our men/women home from the war on terro-r and send them to our borders,more people [US CITIZENS] are killed each year by illegals than the war itself and its goin on right here in our back yard...and like me all we can do is bitch and moan...I for one am sick to death of it..and nothing I can do or say will change any of it...so much for having a voice in America..freedom of speech..what good does it do..we all have opinons just like you know what..what has happened to our govt. that they wont listen to the common man/woman in the USA today..unless I have a bank account thats never ending..Blue collar man you have no place in this new America we live in...sit by and watch your life unfold..its time for a change folks..for the better....Loko
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  • bhale187
    quote:Originally posted by Marc1301
    What about the false documents, and SS cards that the majority carry James,.........I always was under the impression that SS number theft was a felony?
    Splain please, if I am right or wrong.

    You would have no way to know if they were misdemeanor or felony border jumpers until they had been detained.
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  • JamesRK
    quote:Originally posted by Marc1301
    What about the false documents, and SS cards that the majority carry James,.........I always was under the impression that SS number theft was a felony?
    Splain please, if I am right or wrong.

    I would be more than happy to splain it to you if I knew. As I said, I'm no expert on the law, but assume all those things are felonies. If I see somebody come across the border at an unauthorized place I can assume it is a violation of the law (misdemeanor), but I have no way of knowing if it's his first or third trip, and I don't know what kind of phony paperwork he has in his pocket.

    It seems to me a more efficient solution to the problem would be to allow the sworn law enforcement officers to enforce the law. Another thing which might help a little would be if Secretary of Homeland Security Michael Chertoff would actually start building the fence he was ordered to build. Congress passed a bill to build the fence and the President signed it into law. Congress authorized the money to build the fence. Secretary Chertoff is now starting to think about getting ready to make plans to have a meeting to discuss maybe someday starting to build the fence.

    Maybe citizens are part of the answer, but if the federal, state and local governments are going to work against the citizens, I don't see a lot getting done.
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  • Marc1301
    quote:Originally posted by bhale187
    quote:Originally posted by Marc1301
    What about the false documents, and SS cards that the majority carry James,.........I always was under the impression that SS number theft was a felony?
    Splain please, if I am right or wrong.

    You would have no way to know if they were misdemeanor or felony border jumpers until they had been detained.

    My point in that comment was concerning when they are picked up by LEO's,.........with all of the technology that we are purported to have, do you not think that they know when false documents are presented?
    A stolen SS number is a felony,.......plain, and simple.
    Why are they simply turned loose?
    Too many of them for us to handle is the real answer.
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  • Marc1301
    quote:Originally posted by JamesRK
    quote:Originally posted by Marc1301
    What about the false documents, and SS cards that the majority carry James,.........I always was under the impression that SS number theft was a felony?
    Splain please, if I am right or wrong.

    I would be more than happy to splain it to you if I knew. As I said, I'm no expert on the law, but assume all those things are felonies. If I see somebody come across the border at an unauthorized place I can assume it is a violation of the law (misdemeanor), but I have no way of knowing if it's his first or third trip, and I don't know what kind of phony paperwork he has in his pocket.

    It seems to me a more efficient solution to the problem would be to allow the sworn law enforcement officers to enforce the law. Another thing which might help a little would be if Secretary of Homeland Security Michael Chertoff would actually start building the fence he was ordered to build. Congress passed a bill to build the fence and the President signed it into law. Congress authorized the money to build the fence. Secretary Chertoff is now starting to think about getting ready to make plans to have a meeting to discuss maybe someday starting to build the fence.

    Maybe citizens are part of the answer, but if the federal, state and local governments are going to work against the citizens, I don't see a lot getting done.

    James,.......I certainly was not attacking you sir.
    I agree with most of what you say BTW.
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  • LOKO383
    I think I will have a BLOODY MARY..DOUBLE....[:p]Loko
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  • Alpine
    Generally the right to make a citizens arrest is for a state statue. Not a federal crime. In the Commie state of Kalif. law enforcement can only arrest for state and local statues, not for federal crimes. The local NFT (Narcotics Task Force) was cross sworn to federal agencies to arrest for federal crimes.

    When I was working we would only call for the Border Patrol as to the location of illegals, but we could not detain them.

    But that was over fifteen years ago.
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  • JamesRK
    quote:Originally posted by Marc1301
    James,.......I certainly was not attacking you sir.
    I agree with most of what you say BTW.

    I never assumed an attack. If my reply sounded like a reply to an attack, it was not intentional.
    quote:Originally posted by Marc1301
    My point in that comment was concerning when they are picked up by LEO's,.........with all of the technology that we are purported to have, do you not think that they know when false documents are presented?
    A stolen SS number is a felony,.......plain, and simple.
    Why are they simply turned loose?
    Too many of them for us to handle is the real answer.

    The numbers are only overwhelming if we allow them to be. Maricopa (AZ) County Sheriff Joe Arpaio is a bit of a showboat, but he has some pretty good ideas which work.
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  • LOKO383
    Lets all sign up..

    http://www.cbp.gov/xp/cgov/careers/customs_careers/border_careers/bp_agent/bp_now_hiring_lp.xml

    I know that most illegals have more rights and monies available to them than I and thats sad...[V]..Loko..BORN IN THE USA!
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  • bhale187
    quote:Originally posted by Marc1301
    My point in that comment was concerning when they are picked up by LEO's,.........with all of the technology that we are purported to have, do you not think that they know when false documents are presented?
    A stolen SS number is a felony,.......plain, and simple.
    Why are they simply turned loose?
    Too many of them for us to handle is the real answer.

    My mistake, I mistook your response.

    BTW, you are 100% correct, the fact is they are turned loose because I.N.S. will not come get them and Sheriffs won't hold them in their jails. There's just too many of them to handle.
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  • kristov
    quote:Originally posted by LOKO383
    nobody gives a rats a.. anyway,about this country thats why its going doooooooooooooooooowwwwwwwwwnnnnnnnn the drain,..bring our men/women home from the war on terro-r and send them to our borders,more people [US CITIZENS] are killed each year by illegals than the war itself and its goin on right here in our back yard...and like me all we can do is bitch and moan...I for one am sick to death of it..and nothing I can do or say will change any of it...so much for having a voice in America..freedom of speech..what good does it do..we all have opinons just like you know what..what has happened to our govt. that they wont listen to the common man/woman in the USA today..unless I have a bank account thats never ending..Blue collar man you have no place in this new America we live in...sit by and watch your life unfold..its time for a change folks..for the better....Loko


    What? Give up our war against Islam just to protect our borders? To quote what I was been told here on Gun Broker "Don't you know that the safety of the entire world is at stake? Don't you understand that these Muslims won't rest until you, your wife and your children are either dead or made slaves"? This was then followed by a very scarey "YOU HAVE BEEN WARNED"! My God, I was unable to even get to sleep after I heard that and I was almost ready to go to Iraq to join in the battle to save our Christian way of life and to spread the words of Jesus.
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  • LOKO383
    "THE WAR"..will be here in the states soon enough..it doesn't take a prophet to see that..[V]..Loko..
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  • HandLoad
    All the above is why I joined the Minutemen, and why I go to one or the other borders several times a year, for several weeks a year. I "got uppa off that thang", and I am doing something about it.

    I also donate several thousand dollars a year to the cause.

    I also write letters to the papers, I call in on talk radio, and I tell everybody who will listen about the problem.
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