Posted on Thu, 04/24/2008 - 13:46 — by Ch2istina
So I went out on a Bike Ride yesturday around 6:30pm with a few people. when we got to the Trail off Central in the parkinglot there we witnessed 2 people have have sex in the back of their car, in broad daylight where anyone could see... its an active trail with parents and their kids, we were all shocked that people would do this in the daylight and where they were very visable.
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Joined: Sep 2006
Posts: 1851
I bet there's a law against doing that in broad daylight, but Cowboy would have to tell us what sextion of the law that would come under. If you felt it was safe to approach them, you may have been able to make a citizen's arrest and held them, apart hopefully, until the cops arrived.
Joined: Mar 2007
Posts: 322
I prefer the water hose approach. Although as my daughter gets older I will be trading the water hose for a shotgun. And in fairness to gender equity, my sons as well............................................................Peas (just say 12 gage, a not so veiled threat)-------------------------------------------------------------------------------- Carl Spackler: This crowd has gone deadly silent, a Cinderella story outta nowhere. Former greenskeeper and now about to become the masters champion.
Joined: Jan 2008
Posts: 196
There seems to be conflicting information being put out to the public regarding the use or non-use of making citizens arrests. When a home was being vandalized and used as a drug house by skater thugs BPD advised residents to not make citizens arrests.
To just call them. Unfortunately, they did not get there in time to catch the culprits the first two times, it took perseverence by our watch group and multiple calls each time the skater thugs grafitteed/vandalized the property. On the third call over many months, four officers and a supervisor arrived before the vandals fled... and the juveniles were walked to their respective homes and the parents informed. It would have been easier for homeowners in our area to do a citizens arrest, the first time the vandalism ocurred, saving the taxpayers and the City money by not having to continuously dispatch to deal with multiple acts of graffittee and vandalism.
With city budgets bleeding, more citizen arrests could save the Police Departments money, just the gas alone for five squad cars, and a Sargeant or Lt. present multiplied for hundreds of dispatchs could deplete a department budget.....
"Gurtie, I'm going squirrel huntin, save me some vidals and peas"
Joined: Oct 2007
Posts: 249
I can't say for sure but, in my experience I always told people in neighborhood watch meeting to be very careful when making a citizens (or private persons) arrest, espically where juveniles are involved, since the law is very strict regarding detention of a juvenile. Some parents are so eager to sue over any infraction of their little darlings rights, eventhough they have no clue as to what the kid is up to most of the time. Not to mention that there is always the chance that someone who is going to be subject to a citizens arrest may choose to fight, even if out numbered, and no property crime is worth getting hurt over. Remember the law allows you to defend yourself outside of your home, but only with the ammount of force necessary to overcome the violence, basically meaning if all someone is doing is hitting you with their hand you can't shoot them. With the political views in this county even if you carried a gun outside of your home in such a situation I would not be suprised if you ended up facing a judge.
Joined: Oct 2007
Posts: 23
well I could not picture myself makeing a citizens arrent with 2 naked people going at it... LOL that would be a little uncomfortable...
Joined: Sep 2006
Posts: 1851
Yeah, who wants to be a mood killer? I'm trying to put myself in your shoes and ask myself what I would have done. If the windows were closed, I guess I would rap lightly on the window first to get their attention. The first thing I would want to determine is that there is no other crime being committed beyond the public display of affection, so when they rolled the window down, I would have asked in my best Sargeant Joe Friday voice, "Is everything ok here, Maam?" (You never know if the woman could be an innocent victim, right?). The answer she gives could tell me whether she is a willing participant/perpetrator or an innocent victim. A little known fact to most guys is that even if a woman consents to have sex, she can revoke it at any time, even in the middle of it. I think they call that "Consentus Interruptus," and guys need to be ready to stop on a dime if a woman changes her mind.
At that point, I would have enough information to tell them they were under arrest for lewd and mischievious acts, rape, or whatever the case may be, and then I would read them their Miranda rights. Well, I wouldn't technically read them because I don't carry a transcript in my pocket, but I watch enough Law and Order shows that I'm got them memorized by now. Hopefully by the time all that takes place, the cops will have arrived and they could take it form there.