Author Topic: Detaining Offenders  (Read 2764 times)

Staidan

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Detaining Offenders
« on: May 03, 2014, 08:03:39 AM »
In recent news a local man interrupted a purse snatching by pulling a gun and forcing the perpetrators to lay on the ground until law enforcement arrived.  Obviously, the use of force to intervene in a criminal act was immediate and necessary.  However, I don't see anything immediate and necessary about keeping armed watch over folks who have committed a crime (and the threat to life is no longer an issue).  

So... as a CHL holder, what would be the appropriate (and legally justifiable) action (1) to detain an individual(s) AFTER the criminal event has been disrupted;  And (2) if during the 'detaining' aspect of the event, the perpetrators got up and attempted to leave?

Thanks.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Detaining Offenders
« Reply #1 on: May 05, 2014, 03:48:23 PM »
Thank you for the question Staidan.

You can legally attempt to hold a perpetrator at gunpoint for law enforcement. However, if they get up and run away, a person is not legally justified in discharging their firearm or chasing after them, since the commission of the crime is completed.

Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Staidan

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Re: Detaining Offenders
« Reply #2 on: May 07, 2014, 10:49:47 AM »
Yep, that's what I thought.  Interesting.  Thanks.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »