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California Laws - Trespassing, Arrest et al

Discussion in 'GoldBase' started by Forseti, Feb 24, 2009.

  1. rummychick99 Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!



    Scientologists have been subjected to a citizen's arrest.

    <b>Bitter Partings - Riverside Press</b>013199


    Santa cruz procedures for Citizen's arrest.

    Santa Cruz Police Procedures
  2. subgenius Member

  3. Obi-Wan-anon Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    This thread is ALMOST at the tl;dr point.

    So I'll add more...

    Looking at the law used here, a couple of things stand out.

    Someone explain Catherine Frasier's duties. All this time, she's simply been calling herself "a resident of Gold." Has she EVER proclaimed herself to be "the owner or agent" of Gold? Is she a resident, a worker, or a customer?

    Can't see where she had the standing to tell that the business is being interfered with. A resident may not know, whereas an employee may know.

    Again, owner or owner's agent. Which also brings up a second part: what customer-oriented businesses ("open to the public") are within that compound?

    Again with the "office manager or a supervisor of the public agency". What are her duties again?

    Doesn't say "acting at the request of a resident of the residential area" anywhere...
  4. Relyt Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    Also, everyone, keep in mind that there are many cops out there who do not know the law very well. Whether they're rookies, or just don't care to do enough research, don't depend on cops to know the law just because they're cops.
  5. snakeyes Member

    California Laws - Trespassing, Arrest et al

    Ok, so two of them mention felony. What does the term 'public offense' mean? Spitting on the sidewalk? Flipping the bird? "Public offense" is a pretty board term. How far back to these statutes go? Once again, it seems that pigface could've used discretion and not just walked up and arrested the person.
  6. rummychick99 Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!


    Any law that is on the books that is a misdemeanor.

    The reason felony is separated out is because the person does not have to witness the crime to do a citizens arrest.

    The statute was changed a few years ago..giving the officer discretion in a citizen's arrest. I think in 2002. This is California law. I don't know if Riverside has put a law in place requiring the officer to take the person in custody. I doubt it. Maybe the head honcho has put a policy in place for their department. I doubt it. Perhaps they have said that all Scientology arrests must be taken into custody.

    It would have been great if AO would have shouted, I WANT TO PUT DANNY UNDER CITIZEN'S ARREST.
  7. DeathHamster Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    Were both Marks "citizen arrested"? Mark B seemed to be the cop's own personal hissy fit.
  8. TinyDancer Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    DThe citizen's arrest provisions also allow arrest for a "public offense" - whatever that is:

    837. A private person may arrest another:
    1. For a public offense committed or attempted in his presence.
    2. When the person arrested has committed a felony, although not
    in his presence.
    3. When a felony has been in fact committed, and he has reasonable
    cause for believing the person arrested to have committed it.
  9. cowboyanon2 Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    ---------------------
    A crime or public offense is an act committed or omitted in
    violation of a law forbidding or commanding it, and to which is
    annexed, upon conviction, either of the following punishments:
    1. Death;
    2. Imprisonment;
    3. Fine;
    4. Removal from office; or,
    5. Disqualification to hold and enjoy any office of honor, trust,
    or profit in this State.
    ----------------------

    California Penal Code Section 15 - California Attorney Resources - California Laws
  10. TinyDancer Member

    Re: MARK BUNKER AND MARK LOWELL ARRESTED AT GOLD!

    Thanks, cowboyanon2. Section 16 is also relevant:

  11. TinyDancer Member

    California Laws - Trespassing, Arrest et al

    Placeholder.
  12. subgenius Member

    Re: California Laws - Trespassing, Arrest et al

    subscribed

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