Lonestar_logic
Republic of Texas
- May 13, 2009
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And you're not getting this. If the citizens arrest is ruled illegal the woman might have just self defense cause for biting the guy who tackled her, sat on top of her and refused to abate.
As I said, I'm not making any value judgements just making legal observations.
This guy better hope he has bite marks and a medical report confirming so. If not, a jury might not look kindly on him punching her in the face 3 times.
Certainly bite marks and a medical report would help. Having a video of the assailant biting the good samaritan is pretty good evidence as well. Actually, I would say it's even BETTER evidence since one couldn't argue the origin of the teeth marks.
If you're going to be a "good samaritan" and effect a citizens arrest, anywhere in the country, you'd better be versed in the law of that state because they vary, some allow misdemeanors, others like Michigan it has to be a felony.
I doubt the state will press charges on these men but a civil suit is always a possibility.
No jury in their right mind would convict these guys for restraining a thief. But we are talking about folks in Michigan, so who knows.