Posted by Eugene Volokh:
Interesting Citizen's Arrest Incident, Involving Former Congressional Candidate:
http://volokh.com/archives/archive_2007_01_07-2007_01_13.shtml#1168624147
The [1]Cincinnati Enquirer reports on an interesting incident
involving former Democratic congressional candidate Paul Hackett, who
was also an Iraq War veteran:
Indian Hill lawyer and former congressional candidate Paul Hackett
-- armed with a loaded assault rifle -- chased down three men in a
car after it crashed into a fence at his home in the early morning
hours of Nov. 19.
The driver was charged with failure to maintain reasonable control,
driving under suspension and carrying a concealed weapon -- a pair
of brass knuckles found in his pocket -- according to the Indian
Hill police.
Indian Hill Rangers consider the matter closed, but a Hamilton
County grand jury two weeks ago took testimony from the three men
in the car and the ranger who investigated the incident, according
to an Indian Hill police report....
Ohio law says guns can be used in self-defense in cases to repel
deadly force. Criminal damaging is a misdemeanor and would not be
considered a crime of deadly force....
[Indian Hill Ranger Paul White] ... arrived at a driveway in the
8700 block of Keller Road to find the three men lying face down
near their small, black car and Hackett's pickup truck. With a
flashlight, White saw a strap on Hackett's right shoulder and "what
appeared to be an assault rifle hanging along his right side,"
White's report said....
During the investigation, Hackett told police Nov. 30 that he was
carrying an AR-15. He said one round was in the chamber and that he
usually has 28 rounds in the magazine. He also told police that he
did not point the weapon at the three men, the safety was on and he
never put his finger on the trigger.
Hackett said he had followed a trail of fluid left by the car, and
the vehicle stopped in a driveway. Hackett told police that he
hopped out of his truck and that he was armed.
"He told the boys to 'Get the ---- out of the car and get on the
ground.' ... He said he did not touch the vehicle with the rifle
and maintained his distance. 'I knew they saw I was armed,' he
said. He said he had done this about 200 times in Iraq, but this
time there was not a translation problem," the Indian Hill police
report said....
I take it that the legal question here, on which I'm not up, is
whether it's permissible to threaten to use deadly force -- not
necessarily use it, but threaten it -- in order to make a citizen's
arrest in a situation such as this.
References
1.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20070110/NEWS01/701100339/-1/back01
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