OK I knew my response would garner someone posting something about a citizen
arrest. First let me say how truly viable is this?? Yah, legally we have
the right to perform an arrest BUT look at the situation, you on a bike,
them in a car. Umm, what are you going to do, wrap a tube around their
hands, throw your bike in the back of their car and drive them to the police
station. That of course assumes they dont put up a fight. I know if
anyone tried to arrest me I would do my damndest to prevent that from
happening. Plus, how many of us are truly trained to deal with a
confrontational situation like this.
Where I was going, and did not think of the word before I sent the email,
was a police officer provides credibility to the situation. Yah, if it goes
to court they still have to get on the stand and say what happened just like
everyone else but they are in a better position to provide the credibility
needed. In a perfect world laws would work and everyone would abide by them
and get along. I am a realist and look at things as they are, not as they
ought to be.
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Rick Johnson
Sent: Thursday, March 24, 2011 10:55 AM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Driver accused of trying to run down bike-commuting
cop
ORS 133.225 Arrest by private person. (1) A private person may arrest
another person for any crime committed in the presence of the private person
if the private person has probable cause to believe the arrested person
committed the crime. A private person making such an arrest shall, without
unnecessary delay, take the arrested person before a magistrate or deliver
the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical
force as is justifiable under ORS 161.255. [1973 c.836 §74]
On 3/24/2011 10:36 AM, Tom Bird wrote:
Because a cop (even off duty cops) can issue tickets and make arrests. We,
being normal citizens, cannot. PLUS who really has holds more weight when
it comes to reporting an issue. An everyday citizen accusing another
citizen of an action that was aggressive or dangerous to another (his word
vs mine) OR an sworn officer of the law that had a duty to follow and uphold
the law and can act on illegal behavior.
Now should it be significant probably not, but in our current judicial
system and environment, it unfortunately is.
From: Scott Fitzwater [mailto:scott.fitzh2o@gmail.com]
Sent: Thursday, March 24, 2011 10:19 AM
To: Tom Bird
Cc: obra@list.obra.org
Subject: Re: [OBRA Chat] Driver accused of trying to run down bike-commuting
cop
Why is being a cop significant?
Scott
On Thu, Mar 24, 2011 at 9:47 AM, Tom Bird wrote:
Good thing crazy drivers cant tell the difference between a regular cyclist
and one that happens to be a cop!
Maybe that is what we need, put a handful of undercover cops on bikes and
have them ride the routes with the most reported attacks on cyclists
.
http://www.kgw.com/news/local/Motorcyclist-accused-of-trying-to-run-down-pol
ice-officer-118525274.html
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