At 8:08 AM -0500 6/8/04, Jon Roland wrote:
> There is another scenario that has been neglected: making an arrest. Most of
> he situations presented involve offenses by the perp that authorize the
> defender to make a custodial arrest, and to use a firearm to effect that
> arrest. Of course, the defender should announce that it is an arrest, and
> perhaps cite the offense for which the arrest is being made, but a civilian
> has, in every state of which I am aware, most of the same arrest authority
> that a law enforcement officer does, at least for offenses committed in his
> presence.
The great downside to this is that once a perp has been arrested, a legal
duty devolves upon his custodian to protect him from harm (Logan v. US,
1892). The arresting citizen therefore ends up hobbling himself for zero
practical gain.
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