Cold Servings

by David L. Burkhead

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The Notebooks of Tom Merrick

A Cold Servings Extra

When I first decided to do this, I figured I'd be operating outside the law.  I couldn't rely on the law.  It was the law, as much as crime, that killed Mom.  But if I'm going to be outside the law, I figured I'd better know what the law actually is.

Back then, the Internet wasn't the big thing it is today and a 10 year old orphan didn't have access to it.  But I did have access to libraries and libraries, among other things, had copies of the State legal code.

One of the things I looked for was citizen's arrests.  I'd heard that mentioned in movies and TV but even as a kid I knew better than to trust those.  After much searching, I found the following:

 

Use of force relating to arrest or escape

Sec. 3. (a) A person other than a law enforcement officer is

justified in using reasonable force against another person to effect an

arrest or prevent the other person's escape if:

(1) a felony has been committed; and

(2) there is probable cause to believe the other person

committed that felony.

However, such a person is not justified in using deadly force unless

that force is justified under section 2 of this chapter.

And the section two they refer to basically says you can only use deadly force if you reasonably believe its necessary to prevent serious bodily injury to yourself or someone else.

Funny thing is, I haven't seen anything that requires you to remain at the scene after making such an "arrest" or to identify yourself to the police.  It may be there, but I haven't found it yet.  I've heard that in many, maybe most, places it's against the law to fail to report a felony, but except in the case of finding a body or for people with particular responsibilities, I haven't been able to find such a provision in the Indiana code.

So it looks like if I see a felony in progress, I'm entirely within the law to use reasonable force to stop the crime and prevent the criminal's escape.

There may be other things that put me outside the law, but not this one.

 

 

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This week's Featured Webcomic

Twice Destined,
by The Loser Hero,

Fantasy adventure in another time and place.
In fact, two times and places..
I'm not sure what the connection is between the two women from two different times
But I plan to keep reading until I find out.
I only wish it updated more often.

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