Grayskies wrote:greenfarmer wrote:Mall cops, bouncers and private security guards are not cops. They cannot give you a citation or arrest you.
Yes they can arrest you, it is called a citizens arrest, they can even use force to do it, including lethal force.
That's incorrect. While sworn peace officers can utilize deadly force to effect an arrest, in accordance with MN 609.066, private individuals cannot.
If a justified self defense or defense of dwelling shooting resulted in an injured bad guy, after the threat has been eliminated you could place him under private arrest.
However, if you see someone commit a crime, you cannot escalate the level of violence to deadly force to effect an arrest. You can only use reasonable (non-lethal) force to effect an arrest. If the bad guy you are trying to arrest escalates the situation to lethal force, the duty to retreat in a self defense encounter applies. If a private person pursues a suspect, or fails to retreat from the violence, he has committed a crime.
There is no statuary authority or case law that allows a private person to utilize deadly force to effect an arrest. Only in self defense and defense of dwelling is deadly force authorized, within the limits set forth in case law.
The situation with Evonovich (sp?) was that the permit holder was unaware the situation had escalated to lethal force. The "Good Samaritan" witnessed a mugging from his car, called 911 and followed Evonovich into an alley in his car to let the police know which way he ran. At no point was the Samaritan involved in a deadly force encounter until Evonovich popped out from behind a dumpster at pointed a gun at the Samaritan. The Samaritan didn't try to arrest Evonovich, he shot him dead in self defense the moment that deadly force was introduced.
The Good Samaritan was not indicted. There is no case law that resulted from this incident. It was entirely the decision of the country prosecutor that he acted within the law.
To use this incident as evidence that a private person can utilize deadly force to effect an arrest is a completely wrong conclusion to make.
Sent from my iPhone using Tapatalk