[trashmonkey]

see that just shows that people look at bikes differently than cars...I mean I hear about this kind of thing all the time, yet I don't hear about people coming back out to their corvette or viper with someone sitting behind the wheel. I mean if you found someone in your car wouldn't that be criminal? Yet someone can sit on your bike and fuck around with it all they want and it's somehow different?? Makes no sense to me at all...should be trespassing (or something else, for lack of a better word) in both cases.

EDIT: or better yet, you come home and someone is sitting on your couch. to me it's all the same...it's your property and someone is ignoring that and treating it as their own.

 

[trashmonkey]

seems to me he had the right to apprehend and hold for police, just as he said "citizens arrest". In Utah, when I was in the police academy, there was a law we called the lucky 7's, (the code was all sevens) it was "use of force in making an arrest" it detailed the use of force, and at what point the use of force became excessive.

 

[trashmonkey]

Originally posted by onewickedsvt
the problem here is, you used physical force when the subject was FLEEING and posed NO threat to you.

THAT is the problem.

You CAN use reasonable force to take a suspect into custody whether or not he is a "threat". It isn't the fact that force was used, but that it may have been excessive force.

 

[trashmonkey]

Originally posted by onewickedsvt
laws are different state to state.. but... reasonable force is NOT hitting the subject with a closed fist.

agree?

Exactly, that is what I am saying. It's like self-defense...once the subject is no longer a threat you cannot continue to beat him senseless. oh, and I found the Utah code for force in making an arrest, I know they are different in every state, but this probably is pretty close in most states.

77-7-7. Force in making arrest.
If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the person arresting may use reasonable force to effect the arrest. Deadly force may be used only as provided in Section 76-2-404.

EDIT: Man I had to know this crap word for word, comma period and all that crap lol. You should see how long 76-2-404 is, man that took forever to get down

 

[trashmonkey]

I hope I'm not sounding like I am totally against what happened,I would have had an extremely hard time not doing the same thing. I was just hoping to contribute to the conversation

 

[trashmonkey]

good to hear bro! I bet that guy cringes everytime he walks by a bike now lol