Santa Cruz Indymedia :
Santa Cruz Indymedia

self defense

(On today's episode of "Law Libraries are Fun!"..)

Is that because you don't believe in the authority of civilians to perform a citizens arrest, or because you think you'll have a legal excuse to beat up a hippy with whose politics you disagree?

You're a good law-abiding citizen, arent you Fed? According to the law of California:

CPC 837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

CPC 834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

CPC 835. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

CPC 841. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.
The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.

Not that I harbor any illusions that any cop in Santa Cruz would enforce or abide by any of this. Their sworn oathes to defend the Constitution are bold-faced lies. All they care about is maintaining their illegal power monopoly, because they fear competition. Our own Sheriff Tracy has even commented on KSCO radio that he would "like to disarm all of Santa Cruz County" - nevermind that pesky 2nd Amendment.

I'm not saying I support the D4A citizen's arrest ploy (nor saying I don't. It's.. odd.) But you are, Fed, so here we are. Refusing to do your lawful duty as a citizen of California to comply with a lawfully-executed citizen's arrest and have your day in court? Or do you only believe in obedience to force, and only when that force wears the colors of the dominant street gang?

This is, of course, assuming the citizen's arrest IS lawfully executed, which means they announce their intention to arrest you before they come within arm's reach. (Even though cops violate this all the time, getting right in your face regardless of their intent to arrest and then crying "assault on an officer" if you even touch the big crybabies).


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