Can you explain why you think so?It almost as if the law is slanted in favor of "suspects" and makes it harder for the public to defend themselves.
Can you explain why you think so?It almost as if the law is slanted in favor of "suspects" and makes it harder for the public to defend themselves.
I can.I cannot imagine holding anyone at gunpoint.
This post is what I would have posted.Can you say "unlawful restraint"? You are moving from self defense into making a citizens arrest. Illinois law gives you all of the powers of a peace officer if you witness a felony......but.......it gives you none of the legal protections. Pull your zip tie too tight and you are on your own in court. When the police arrive and start their investigation and decide that maybe your detention of the "suspect" wasn't legal or warranted the states attorney may decide to charge you with unlawful restraint. By the way, you could be charged with unlawful restraint for holding a "suspect" at gunpoint. Those are the possible legal ramifications.
Do you like to fight? How are your hand to hand skills? Do you have a lot of training and experience in ground fighting? I ask these questions because most of the times an arrest turned into a hand to hand encounter was at the moments the cuffs went on. I've had subjects who were calm and compliant throughout the process turn into a violent rage when the steel hit the wrist. If you ever tried to take a non-compliant subject into custody you would realize what a bad idea it is to try to do it yourself. While I made a lot of solo arrests, I always preferred to have another officer present when actually taking a person into custody. Have you thought about how to keep the subject form getting your gun while you put the zip ties on him? Do you carry in a retention holster?
Trying to restrain a subject is a terrible idea.
Also, holding someone at gun point when the law arrives is a bad thing. Next, you hold me at gunpoint and I say - Well, I'm walking away, cowboy.
What then would you do?
Thanks Gents.
It almost as if the law is slanted in favor of "suspects" and makes it harder for the public to defend themselves.
Nothing "almost as if" the laws make a criminal have "rights".Thanks Gents.
It almost as if the law is slanted in favor of "suspects" and makes it harder for the public to defend themselves.
....It almost as if the law is slanted in favor of "suspects" and makes it harder for the public to defend themselves.
... Woods acknowledged he was engaged in criminal activity—facilitating the purchase and sale of illicit drugs—when he shot Valencia. The State sought to disprove the self-defense claim and put on strong circumstantial evidence that Woods intended to rob and murder Valencia.
The jury found Woods guilty on all three charges. On the murder charge, it found him guilty on theories of premeditation and felony murder.....
I cannot imagine holding anyone at gunpoint.
That is not lawful self defense.She actually rounded the 2 guys up and sat them one the hood of the car and held them at gun point until the cops came nearly an hour later.
Really?She even got the police to handcuff them before she lowered the gun.
I didn’t say it was. I will say she was not charged, convicted, or even criticized by one person for it, not one lawyer, DA, sheriff, no one. Most just thought of her a very brave granny, she was probably late 50’s.That is not lawful self defense.
Really?
I didn’t say it was. I will say she was not charged, convicted, or even criticized by one person for it, not one lawyer, DA, sheriff, no one. Most just thought of her a very brave granny, she was probably late 50’s.
The problem with posting anecdotal stories like that on a forum like this is that there is a lot of leeway granted to the police and prosecutors when it comes to who to charge and what to charge them with (if anything). Everyone nods and says "granny done good". But that leaves the impression that somehow a legal precedent was established. It wasn't and just because granny used force or the threat of force and wasn't charged doesn't mean that anyone else in similar circumstances wouldn't be charged. There are all kinds of factors that go into the decision to prosecute. I've posted before about the local business owner who shot and wounded 3 people stealing anhydrous ammonia from his fenced truck yard. They were running away and the use of deadly force was not justified at all under Illinois law. Yet he wasn't prosecuted. Why? First off the thieves were from Kentucky and had no ties to the area, no family here to be upset at election time. (states attorneys are elected here in Illinois) Secondly, no one was killed. Thirdly, this was at the height of the home lab meth epidemic and we had a huge problem with people stealing anhydrous ammonia to cook meth. We had incidents where areas had to be evacuated after the thieves broke fittings off of tanks and caused a leak, we had citizens and officers injured when mobile labs were encountered. The states attorney wanted to send a message to the local meth cooks that they might be shot stealing anhydrous. If any of those factors wouldn't have existed the business owner would have had rough time with the legal system.
The horizons are broad. There are many sides to the "coin".When someone can’t even imagine there’s another side to a coin I just like to try to broaden their horizons