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Tag: Citizens ArrestBy jgillmanjr, Section News
Originally posted at Freedom Forged Security Consulting. Pardon the advertising bits. Just trying to start a company though. It is kind of related to the Right to Work protests. Admin's discretion to dump this or not.
During the course of the Right to Work protests on December 11th, 2012, a mob of union protesters brought down and subsequently destroyed a tent that the Michigan Chapter of Americans for Prosperity had put up. You would have thought that with the amount of Michigan State Police troopers around, they would have put a stop to it. Unfortunately, they had not shown up until after the tent had been brought down and torn up. Even then, it appears as no arrests were made. Was there any other action that could have been taken given this situation? Although it sounds like something only seen in the movies, Michigan does permit the making of an arrest, by a private citizen, of an individual who is has committed or who is in the commission of a felony crime.
Here is the statute, in its entirety, which describes the situations where a private citizen may make an arrest:
Although (b) provides for an arrest not made in the presence of the arresting citizen, we would highly advise against that situation. Rather, we would recommend an arrest be made only if the crime was committed in the person's presence. In addition, we would also highly advise that the commission of the crime be recorded, as well as the arrest itself.
Furthermore, once the arrest has been made, it is imperative that the detained individual be delivered to law enforcement as quickly as possible:
The hand off to law enforcement is also something that we would recommend recording as well. In addition, another requirement of the arresting citzen is as follows:
Note that there could be potential liability concerns for the citizen making the arrest. This is why we recommend the entire arrest be recorded - from the commission of the crime all the way to the hand off to law enforcement. So given the information we have, let's revisit the question above: Could a private citizen have arrested those involved in the destruction of the AFP tent? Before we attempt to answer this, let's be clear that this article should not be construed as providing legal advice. With the legal caveats out of the way, let's perform some analysis. Remember that in order to perform a citizens arrest, a felony must have been committed. Does the destruction of AFP's tent constitute a felony?
According to the Michigan Penal Code (excerpt):
Essentially, malicious destruction of property (there isn't any question of the malicious intent of the perpetrators, as can be seen by the numerous video evidence out there) of more than $1,000 is a felony. Tents similar to the one that was destroyed cost thousands of dollars. Therefore, based on our own analysis (again, this is not to be construed as legal advice), we have believe that the destruction of the tent that was put up by Americans for Prosperity would constitute a felony, and those involved in its destruction could be apprehended by a private citizen. With that said, the malicious destruction case would be made at the point union members were cutting up the tent. Prior to that, union members were pulling on supports and cutting straps - something that may or may not have constituted a felony crime. An argument could be made about endangering the safety of the tent's occupants, but for considerations of article length, we won't address that issue here.
Considerations
Liability Even if things are done properly, you could still face civil and/or criminal litigation down the road. This is why it never hurts to consult with an attorney prior to, during, and after action is taken. Freedom Forged Security Consulting can provide an attorney on site for exactly these types of situations.
Practical Considerations This is why it would be an extremely good idea to have a group with you to provide coverage. Situational awareness is also key. Are they [the arrestee's "friends"] just making threatening statements gestures? Are they actively trying to interfere with the arrest? Are they becoming violent? This is where quick decision making is key. Although threatening gestures and speech probably wouldn't justify a draw down (by those who are armed), it may be necessary for your safety if they are actively trying to interfere and are getting violent. If things are real bad, you may be in the unfortunate position where a decision is made that a shoot needs to happen for your safety, or others who are being attacked. Again, this is why we highly advise having video recording going on - however, at this point it's not just to provide coverage for the arrest itself, but for the defensive draw down and/or shooting should it occur. If there is a draw down or a shoot, seek legal counsel IMMEDIATELY. We can't stress this enough. We can almost guarantee with 99.999% certainty that you will be detained by law enforcement, at least for a short time while things are sorted out. In the event you can't immediately access an attorney, do not talk about what happened to law enforcement or otherwise. It will be tempting to proclaim the legitimacy of the shoot, but it is in your best interest to remain quiet until you have counsel present. We hope that this article was informative. The issue of security at high profile events, such as those similar to the Right to Work protests, can be complex and dynamic - this includes the potential legal issues that may arise. That is why Freedom Forged Security Consulting is here - to assist you in securing your public promotion of liberty. If you have any questions about what we can do for you, or are just looking for more information, don't hesitate to look around our site at http://security.freedomforged.com If you have non-legal questions or would like to set up a meeting, don't hesitate to contact Jason Gillman Jr. at jason@freedomforged.com or 231-649-0258 If you do have legal questions, please contact Craig Davis (P70487) at craig@freedomforged.com or 517-214-4204 |
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