Porch pirate caught red handed.......strong language.

[dennishoddy]

I’d have to look it up, but didn’t Ok relax the law on brandishing because the original law was poorly written?
Printing or the wind blowing a shirt tail up exposing the firearm could have been considered brandishing under the old law.
I know the law regarding the carry of long guns on your property was modified in Ok as well in favor of gun owners.

 

[Snattlerake]

Tickles me how his main man drove off and left him when he saw the rifle.........looks like the thief needs to pick a more trustworthy get-a-way driver next time

Curious, on his own property and never actually pointing the weapon at the thief would that be classified as "brandishing" a firearm in Okla. ?

At 37 seconds he used the charging handle which is a little more than carrying the weapon. THAT, I might call brandishing.

He could have conducted a citizen's arrest and used whatever escalation of force necessary to effect that arrest.

 

[Seadog]

At 37 seconds he used the charging handle which is a little more than carrying the weapon. THAT, I might call brandishing.

He could have conducted a citizen's arrest and used whatever escalation of force necessary to effect that arrest.

I am ignorant on how a citizens arrest would be carried out. Do you just tell them get on the ground don’t move and wait till the cop show up?

 

[Snattlerake]

I am ignorant on how a citizens arrest would be carried out. Do you just tell them get on the ground don’t move and wait till the cop show up?

In the purest form yes. You as a private citizen have arrest powers if you see a misdemeanor or felony crime being committed. Oklahoma has a reasonable cause clause for felonies not committed in your presence.

§22-202. Arrest by private person. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
R.L.1910, § 5659. §22-203.

Private person must inform person of cause of arrest.
He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission.
R.L.1910, § 5661. §22-204.

Private person may break door or window.
If the person to be arrested has committed a felony, and a private person, after notice of the intention to make the arrest, be refused admittance, the private person may break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpose of making the arrest.
R.L.1910, § 5662. Amended by Laws 2002, c. 460, § 15, eff. Nov. 1, 2002. §22-205.

Private person making arrest must take defendant to magistrate or officer.
A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer.
R.L.1910, § 5663.

Citizens cannot arrest based on an arrest warrant. That is reserved for police powers given to the authorities in their jurisdictions.

We know the definition of probable cause - "Facts or apparent facts that would lead a reasonable person to believe a crime is, was, or is going to be committed." Reasonable Cause to me is more like reasonable suspicion which is less certain.

It is really sad that people don't know the power they really have.

 

[Seadog]

In the purest form yes. You as a private citizen have arrest powers if you see a misdemeanor or felony crime being committed. Oklahoma has a reasonable cause clause for felonies not committed in your presence.

Title 22, Chapter 3, Section 202 of Oklahoma law allows any private person to arrest anyone else for any “public offense” committed or attempted in the presence of the arresting person. ... Citizen's arrests require only “reasonable cause for believing the person arrested” committed a felony.

Citizens cannot arrest based on an arrest warrant. That is reserved for police powers given to the authorities in their jurisdictions.

Thank you. That was in depth and detailed. One more question. Say average Joe was to attempt this, what powers do they have besides verbal commands? If somebody committed a crime and you were going to make a citizens arrest and then they started leaving are we allowed to physically detain them?

 

[Snattlerake]

Thank you. That was in depth and detailed. One more question. Say average Joe was to attempt this, what powers do they have besides verbal commands? If somebody committed a crime and you were going to make a citizens arrest and then they started leaving are we allowed to physically detain them?

Yes. You have the power to arrest and to use the escalation of force to effect the arrest. You had better be able to articulate in great detail the facts of the arrest.

 

[trekrok]

Yes. You have the power to arrest and to use the escalation of force to effect the arrest. You had better be able to articulate in great detail the facts of the arrest.

I wonder what percentage of citizen arrests end up in lawsuits. I'm betting plenty.

 

[Snattlerake]

I wonder what percentage of citizen arrests end up in lawsuits. I'm betting plenty.

Or thrown out by the courts. I'm just stating facts and Oklahoma law.

 

[Snattlerake]

Something else to consider. You may resist a citizen trying to arrest you unlike a lawful police officer. If you do resist and commit an assault, you may be charged with the assault too.

 

[Louro]

I'm an Okie from Muskogee and I carry a gun on my hip on my property.......call it what you want, don't matter to me. What he said.