Legality of Detaining an intruder - XDTalk Forums - Your HS2000/SA-XD Information Source!

Tally XD · 06-08-2007, 05:37 PM

This is spawned from another thread where an intruder was caught red handed, shown the business end of an XD, then ran away.

Is it legal to have detained an intruder until the cops arrive? I dont necessarily mean held at gunpoint, but, maybe the gun was used to make the intruder submit to a face down position, toss away his weapon if any, and either forced to stay on the ground or possibly zip tie handcuffs used to make him harmless.

How does this differ from making a "citizens arrest"?

ArmyGuy45 · 06-08-2007, 05:38 PM

yes.. i would like to know this to
im thinking that if you stop this guy from running away.. he will get charged with whatever he did.. but you might get charged for assault for hold ing him there

dasanii19 · 06-08-2007, 05:40 PM

And or chase him down to detain him as well? legal?

Im interested in seeing this answer. Great topic!!

To keep this simple, please only state facts, not opinons.

Requiem4Senses · 06-08-2007, 05:52 PM

One thing I know for sure is that is varies by state. But I don't know which states.

Tard · 06-08-2007, 06:21 PM

The states are: Solid, Liquid, Gas, Plasma and Bose-Einstein condensate.

Niner4Tango · 06-08-2007, 06:30 PM

Citizen arrest is how a store or security guard detains a shoplifter.

krustydawg · 06-08-2007, 06:30 PM

Well in the case of that other thread, a reasonable person would have had every right to hold that suspect. Threating to have a gun real or not in the commission of a felony is a NoNo.Truth be told he would have had the right to shoot him in the back as he ran away (Tennesse VS Garner 1985, use of force). In Virginia everyday citizens may make an arresst in a felony act.

Krustydawg
NNPD

Apdl · 06-08-2007, 06:32 PM

Quote:

Originally Posted by Tard

The states are: Solid, Liquid, Gas, Plasma and Bose-Einstein condensate.

yep that is all 5

Tard · 06-08-2007, 06:35 PM

That we know of!

Myk9noseknows · 06-08-2007, 06:45 PM

In texas, the legal definition of Kidnapping would not fit this scenario.

It would be considered UNLAWFUL RESTAINT, except under Sec 20.02 2C Texas Penal Code:

"it is no offense to detain or move another under this section when it is used for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested"

As long as the person you are holding at gunpoint is not 14 years old or younger, it looks like it's perfectly legal as far as an intruder...at least here in Texas!

I would imaging it's like this in most states, but not all. So definitely check out your Penal Code under Kidnapping or Unlawful Restraint.

06-08-2007, 05:38 PM	#2
ArmyGuy45 XDTalk 3K Member Join Date: Mar 2007 Location: Mesa,AZ / Ft Carson, CO Posts: 3,419	yes.. i would like to know this to im thinking that if you stop this guy from running away.. he will get charged with whatever he did.. but you might get charged for assault for hold ing him there __________________ US Army 2005 - Present XD45 Compact - My Carry Suresights Springer Precision Trigger Kit/Bar ( needs install ) NRA Life Member Myspace If they take my guns, ill carry a sword!

06-08-2007, 05:40 PM	#3
dasanii19 XDTalk 3K Member Join Date: Apr 2006 Location: Nevada Posts: 3,521	Added.. And or chase him down to detain him as well? legal? Im interested in seeing this answer. Great topic!! To keep this simple, please only state facts, not opinons. __________________ MY NAME IS SUE!!! HOW DO YOU DO!!! "I started out with nothing, and I still have most of it." Last edited by dasanii19; 06-08-2007 at 05:57 PM.

06-08-2007, 05:52 PM	#4
Requiem4Senses XDTalk 500 Member Join Date: Mar 2007 Location: Springfield, OR Posts: 540	One thing I know for sure is that is varies by state. But I don't know which states. __________________ XD40 V10 (ported) XD40 SC OD Green "The constitutions of most of our States assert, that all power is inherent in the people...that it is their right and duty to be at all times armed." -Thomas Jefferson to Major John Cartwright June 5th, 1824

06-08-2007, 06:21 PM	#5
Tard XDTalk 3K Member Join Date: Apr 2006 Location: Machias, WA Posts: 3,020	The states are: Solid, Liquid, Gas, Plasma and Bose-Einstein condensate. __________________ The good times have been used up.

06-08-2007, 06:35 PM	#9
Tard XDTalk 3K Member Join Date: Apr 2006 Location: Machias, WA Posts: 3,020	That we know of! __________________ The good times have been used up.

06-08-2007, 06:30 PM	#6
Niner4Tango XDTalk 100 Member Join Date: Mar 2007 Location: SW Washington Posts: 446	Citizen arrest is how a store or security guard detains a shoplifter.

06-08-2007, 06:30 PM	#7
krustydawg XDTalk Newbie Join Date: Jun 2007 Posts: 16	Well in the case of that other thread, a reasonable person would have had every right to hold that suspect. Threating to have a gun real or not in the commission of a felony is a NoNo.Truth be told he would have had the right to shoot him in the back as he ran away (Tennesse VS Garner 1985, use of force). In Virginia everyday citizens may make an arresst in a felony act. Krustydawg NNPD

06-08-2007, 06:45 PM	#10
Myk9noseknows XDTalk 1K Member Join Date: Dec 2006 Posts: 1,890	In texas, the legal definition of Kidnapping would not fit this scenario. It would be considered UNLAWFUL RESTAINT, except under Sec 20.02 2C Texas Penal Code: *"it is no offense to detain or move another under this section when it is used for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested"* As long as the person you are holding at gunpoint is not 14 years old or younger, it looks like it's perfectly legal as far as an intruder...at least here in Texas! I would imaging it's like this in most states, but not all. So definitely check out your Penal Code under Kidnapping or Unlawful Restraint.

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