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How do the U.S. courts differentiate between a legitimate citizen's arrest and battery?
If the citizen's arrest is not legitimate, then it would seem to me that the arrestor is guilty of battery. Am I wrong on this?
4 Answers
- ?Lv 75 years ago
>i was specifically thinking about the recent incident with Dr. Dre. if someone came onto to my private property, threatening arrest for something I didn't do, would I have the right to defend myself with lethal force?
NO!!!
Home owners are shot all the time because they try to defend themselves against a warrant being served at a wrong address. If the State is falsely accusing you of a crime then you contest your innocence IN A COURT you don't get to determine if you've been falsely accused this is the job of a DA and if necessary a judge NOT THE POLICE. The police are there to gather evidence and detain you if necessary they don't determine guilt or innocence but if you resist arrest that in itself is a crime, if you do it with lethal force you'll be met with lethal force.
- Anonymous5 years ago
Unless the arresting person struck the arrestee, it would not be battery, but it could be false imprisonment. The issue would be decided the same way it would be if an arrestee claimed that he was falsely arrested by the police, involving a determination whether the arresting person had probable cause to believe the arrested person committed a crime.
- John de WittLv 75 years ago
Yes, you're wrong. That's black-and-white thinking, a logical fallacy that leaves no room for the very common circumstance in which an officer, representing the state, acts in a perfectly reasonable manner but is wrong. As it happens, that's much, much more common than is purposefully improper action by law enforcement authorities.