Date: Sat Oct 30 05:16:18 1999 From: alan@BLOOMFIELDPRESS.COM (Alan Korwin) Subject: What is felony for citizen arrest? To: AZRKBA@asu.edu
(Pasted in here from a previous message, not checked for accuracy)
> 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.
Don't make the Rineer mistake and think things are what they seem. You find out afterwards how incredibly complex it all is. For example:
What is a felony? Nothing you can see, only something a court can decide, later.
It is you who are on the hook the entire time, because if the felony charge is not made or does not stick after endless appeals and back-room deals, you have made a false arrest. Would the authorities rather nil the perp, or get you? That's how the law often plays out. If anything, get an honest police officer to observe and make the pinch.
Mary Rose is still probably subject to such an action. It's my opinion that destruction of evidence, and failure to identify stolen property and return it to its lawful owner, are serious wrongs she has committed, if in fact this is the case, in addition to state-level prohibited weapons charges. Where did those guns go? Is there an inventory -- and wouldn't you like to see it?
Seems unlikely to me that you'll be able to motivate any federal agent to act on this, even if abuse is flagrant as it would seem to be, so forget NFA weapons charges. Those are reserved for you honest guys who still believe you the boss, and the feds are the bossee.
Go for that inventory list, which can hardly hide behind an excuse of secrecy for national security. A person who ever experienced and reported a stolen firearm might have ample grounds to examine the weapons discovered by Ms. Wilcox.
Alan Korwin.
"The truth will out."