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Will a cop try to arrest me for drunk in public if I citizens arrest a vandal on my front yard?
Actual cops only, please:
The Background: Some punks have been hassling me a year. They always drive by late at night, sometimes 1:30 am, no lights. So, I haven' t caught them yet. I suspect they will try something again at midnight tonight. I am ready for them. But, If I catch one throwing eggs/firecrackers/paint balls and citizen arrest him (legal in my state) , on my front yard or city street, when I may be considered inebriated, will I probably be arrested, too, for "drunk in public"? (I like a little mulled wine). I have filed complaints, cops have a theft plus paintball report on file. Plus a vague description of one when he trespassed.
(The cops pulled this in CA once, they asked to: "talk to me". When I opened the door a crack they pulled me through the door and said I was now: "drunk in public". Plus, the cops in that case were actually on a Private street, the stupid *****, and I was not given a sobriety test or proper trial, just a hearing. I know my rights, now, and I also have a police chain on my new house. Still, I don't want a "repeat" performance. One cop in CA said he didn't Care how drunk I was in my own house, just don't "drive drunk", that's all he cared about.)
No, where citizen's arrest is legal, it can be for anything. I know this for a fact. Cops only, please.
I also know the laws and P & P in my state/city, but I've seen cops break it on a whim. I'm asking what's will Actually happen. I'll probably be sober by then, anyway. I'd call the cop precinct, but they always give the law, not what will, again, actually happen. Cops can't threaten to "chop off your legs with the car door if you don't move them", but one Sgt. Did. One told me I didn't need ID simply to walk city streets, yet they hassle street people and anyone not lily-white for one. Illegal, but they Do it. That time for "DIP", I had simply opened the door and was peacefully talking to them. They can drum up whatever they want, say you are "resistive and combative" for simply protesting their actions and insisting on civil righst. They Have, it happened to me.
3 Answers
- heikaLv 69 years agoFavorite Answer
There are cops and then there are cops! If you are inebriated and in your own house, you should not be subject to arrest for that..Outside in public view may be another thing if you are visible to the public and specially if you are "acting up", disturbing neighbors or presenting a risk to others or yourself. That being said, if you (especially while sober) decide to make a "citizen's arrest" (also known as "private party's arrest") you may use the minimum force needed to effect the arrest and maintain custody until you can transfer custody to the police. You will also have to prosecute the arrestee in court. The police will almost certainly take your statement which can also be used in court. A citizen has the right to make an arrest for any crime which he has witnessed, misdemeanor or felony, but it can be a rather difficult to push it through the courts and could -in some cases- expose you to a civil suit if not handled properly. But ya gotta do what ya gotta do to take care of your own best interests. Take a little time to get on the net and see what the exact laws and procedures are in your state.
Source(s): Lifes experiences - STEVEN FLv 79 years ago
They are more likely to arrest you for ASSAULT. I doubt a citizen's arrest is actually legal for a misdemeanor, and I am 100% certain you WON'T do it according to the law if you are drunk at the time.
