Man arrested for citizen's arrest

[Grey_Mana]

Story is here, which links back to a longer version with video here

Briefly: bicyclist has a 40 caliber Glock. Bicycle lane is for bikes only, not joggers. Bike clips a jogger, the jogger pushes back, the bike falls. Bicyclist makes a citizen's arrest. Police arrest the bicyclist.

The news articles makes it seem as if the citizen's arrest was for jogging in a bike lane. The video makes it sound like the bicylist believes he made a citizen's arrest in reaction to being assaulted.

One article states "As it turns out, the runner was breaking the law--bike lanes in Gilbert are exclusively for cycling, except in emergencies. It's also against the law, however, to make a citizen's arrest for anything other than a "breach of public peace."

"Jogging in a bike lane is far from a breach of public peace," said Gilbert police spokesperson Bill Balafas."

Thought I would share the story, as an example of the importance of knowing the law, the unpleasant consequences of unholstering, and how news reporting makes it hard to even guess what actually happened.

 

[Pilot]

It doesn't say anywhere that he unholstered or used the Glock to detain the other man.

 

[Manson]

They gotta stop all that exercise. It's bad for the attitude.

 

[bubba in ca]

It may well have been assault, but obviously the police didn´t see it that way. 2 able-bodied men getting into a fight is going to look like mutual combat, so unless you have a ton of witnesses who are willing to testify, back off and go about your business. Being armed means you have MORE chances of getting in trouble if you get into any type of situation that involves unarmed people.

 

[Husker_Fan]

One more reason to not jog or bike. Back to the couch I go.

 

[W.E.G.]

Uhhh... take the high road next time?

Best to not make a citizen's arrest when you can walk away and call the real police.

That doesn't mean you have to be a punk.
Its just that you don't have to go hands-on with every impulsive jerk you trade paint with.

 

[JustinJ]

"Breach of publice peace" is one of the nonsense laws that allow cops to arrest people without a real cause. I would venture that the man's lawyer could find plenty of cases where people were charged with "breach of pulblic peace" for similar actions. Personally i think citizen's arrests should only be legal when one is witnessing a violent felony or one that is endangering the lives of others.

 

[Ron James]

Unfortunately there are way too many cowboys who who don't understand the vast responsibility that comes with carrying a firearm. This is why I was against the recent change in the law allowing concealed carry with out a safety class. Yes, I'm from Arizona.:banghead:

 

[basicblur]

"Jogging in a bike lane is far from a breach of public peace," said Gilbert police spokesperson Bill Balafas."

How 'bout assaulting the biker being a breach of the public peace?

Not interested in the citizen's arrest etc, but I hate it when spokespeople lose focus.

 

[seed]

I'm going to go out on a limb and probably offend some here...but here goes. Some background: I am a runner (former competitive runner and current serious fast runner...). I am not small by any means as I also now lift. I also drive for a living. All I can say without getting my post deleted is that a whole lot of bicyclists I come across have a sense of entitlement which is not backed up by their physical abilities to force an issue they often begin with their actions and attitude. Now if they instigate an incident (which they OFTEN do...especially towards motorists) and are carrying, then they need to do what anybody has to do when they carry: do everything they can to avoid incidents -- regardless of whether they draw or not. If you pack, you do everything you can to stay out of problems unless your life and or the life of someone for whom you are responsible (personally or as a citizen) is in danger, physically or mortally.

My personal prejudices about bicyclists aside, a bicyclist should not force any issue if he is carrying. If for some god-forsaken reason he is hellbent on doing so, then he should not carry.

Want to add that if indeed the runner pushed the bicyclist, unprovoked then obviously he was in the wrong. But this whole thing about citizen's arrests...I'm old school. If you handled the situation then go on your way. Trust me: the jogger won't be doing it again.

 

[Jim K]

Many folks talk and write about "citizen's arrest" without understanding what it entails. It is old common law, based on the premise that some action is being taken that is so immediately harmful to the community that the perpetrator must be stopped, but no law officer is available and none can be immediately summoned. Citizen's arrest is NOT the same as self defense; a citizen can make an arrest whether or not there was any direct threat to him/her.

But there are laws limiting citizen's arrest, and to make the arrest valid, the arresting citizen must follow all the requirements imposed on a law officer, including warning the person being arrested that he/she is under arrest, and reading/reciting the Miranda warning.

Jim

 

[Robert]

Ok going to close this for now as it does not seem to be firearms related in anyway other than the guy on the bike had a pistol on him, and he may be a felon.