Citizens Arrest - "RACISM?"

Let’s deal with a couple of things, get them out of the way:

First, Glen, you might want to reconsider. You might go to the United States Judo Association site and check, too. They and literally thousands of others will tell you that I am, in fact, a two-time United States National Judo Champion, a six time state judo champion (Iowa) and a sixth degree black belt. I was a coach for the U.S. National Judo Team from 1986 to 1992. I’m also a state pistol champion (Iowa), and you can look it up. This URL will help:

(http://www.state.ia.us/government/ilea/stark_award.html

Finally, I do sets of a dozen pull-ups and sixty pushups every day, together with three hundred sit-ups and an hour walk. I still run a mile in under six and a half minutes. Do what you threaten, and you will have your ass kicked as neither your intellect or experience could possibly imagine.

I take the time to say all that because I wonder at the intellect of someone who offers insult randomly and to anyone who opposes his point of view. I don’t really have to wonder about the courage and character of someone who, like metrosexual machismo’s ideal, gives the middle finger salute from a passing car. How candy-assed can you get?!

A few years ago, I happened to have the good fortune to watch a guy who had just done that pull into a shopping center parking lot and park. Sprinting on my bicycle, I got there as he and the woman with him were getting out of the car. If you don’t know what happened next, you probably think the typical American male still has balls bigger than a canary. Outweighing me by at least fifty pounds, less than half my age, he melted like a marshmallow on a skewer. The women with him pleaded with me not to hurt him.

Glen, guys like me recognize guys like you the same way ornithologists recognize the song of a robin or a cardinal. Just about any of us recognizes the bleat of a goat – or a sheep. “Men” who offer insult like yours measure themselves exactly for men like me. Thanks, though, for telling me what you are; that way, I have some idea what your opinion is worth.

Next, for “Terri,” there’s this, a number of questions:

I'm a “racist” because I demand that my government uphold immigration law and deport illegal aliens? I'm a “racist” because I demand that state, country, and city government uphold statute, ordinance, and city codes? Why should I be required to observe law that citizens of another country are not required to observe? That makes sense to you?

I’m a “racist” because I expect the city where I live to not allow single family dwellings to be occupied by literally dozens of people? I'm a “racist” because I believe local citizens, police, and law enforcement have the authority to arrest illegal aliens? I'm a “racist” because I expect that my state government will not give drivers licenses to illegal aliens? Explain that for me, please. Why should I, a native – I was born here; I am not an immigrant – citizen be required to do and obey law a person who is here illegally doesn’t have to obey? Yes, indeed – I’d love to hear your explanation.

I'm a “racist” because I believe my fellow Americans should employ their fellow Americans before they employ someone in this country against our immigration laws? What do you suppose the purpose of immigration law IS? I'm a “racist” because I object to paying immensely higher uninsured motorist premiums because illegal aliens drive (like maniacs) while uninsured and kill U.S. citizens literally by the thousands?

Why don’t you come down here to Texas and let me show you the “descansos” – little memorial shrines erected by Hispanics at the site of a fatal crash by relatives of the deceased. Let me show you how to get the record of how many of these people were insured, and how many people – “Anglos” – died with them.

I'm a “racist” because I object to the horde of criminals pouring (an average of a hundred twenty a day) over the border? I'm a “racist” because I don't want to be taxed to pay for a prison population comprised largely of illegal Mexicans, or for the government lawyers necessary to fight Mexico’s efforts to free people like the guy whose gang repeatedly raped, then beat and kicked to death two young “anglo” women here in Texas?

Sweetheart, I not only object to that last, I would with the greatest personal satisfaction strangle to death that Mexican son of a bitch and his cohort. And that has utterly nothing to do with “racism.”

I'm a “racist” because I demand that my government protect our borders and our sovereignty as a nation? Show me another nation who permits what’s happening on our border. Check Mexico, for instance.

I'm a “racist” because I object to having to pay higher sales and property taxes in order to build more schools for the illegitimate children of illegal aliens? I'm a “racist” because I object to paying higher costs and higher taxes in order that hospitals all across America can continue treating illegal aliens and stay in business? I'm a “racist” because I believe the government and its news media have a duty to publicize the names and race of criminal illegal aliens? I'm a “racist” because I want to deny citizenship to “anchor babies” born in this country? I'm a “racist” because I object to our welfare system paying billions – that’s literal, again – to people who aren’t citizens and haven’t paid a dime in taxation supporting that system? I'm a “racist” because I object to municipalities, bureaucracies, corporations, and others spending billions – again, literally - to write and translate into Spanish laws and rules? I'm a “racist” because – even though I speak Spanish – it annoys me to have to push this or that number on a telephone in order to listen to a message recorded in English – the language of my country?

Let me stop for breath – I’m getting mad (any, trust me, you don’t want to make Hal von Luebbert mad; “beware the anger of a patient man. . .”)

I'm a “racist” because I object to immigration policies that actually give preferential treatment to illegal aliens; that, while discriminating against not only people who immigrate legally, but U.S. citizens? Lady, you must exist in another space-time continuum. I suggest that I arrange for you a similar system wherein you stand in the stead of the U.S. Citizen vis a vis another abusing your humanity like the Mexican alien is abusing the humanity of the citizens of this country. That might make my point far better than anything I have said or might say. I am not one to stoop to invective and insult – in the manner you have – but I am damned sick and tired of people who – especially now that your kind have made the use of certain words punishable by fine or imprisonment – hurl about hither and yon terms like “racist.” I have taken wounds – wounds I still suffer with every time the weather changes – in order to preserve not only the civil rights of all people but the right to abuse freedom of speech the way you have here.

Make a contribution, ma’am – then shoot off your immature mouth.

Okay. I’ve got that off my chest. Some time ago, I wrote of the “wrath of the Saxon.” I’m Saxon. We are a very long-suffering people – willing to forbear almost anything. Except arrogance; except insolence. It only so happens that arrogance and insolence are singularly characteristic of a certain culture. Check the flags I’ve posted above here.

The following article is from the Word Wide Web (angry, really pissed off, I have foregone the quotations marks):

August 21, 2006

What is a Citizen’s Arrest?

By: Collin McKibben, Attorney at Law & Ariella Rosenberg

Everyone is familiar with the term citizen’s arrest: we have seen it on TV, read about it in books, and even heard about it in social circles. Surprisingly, however, almost nobody really understands what a citizen’s arrest is, or legally, what it represents.

A citizen's arrest is an arrest performed by a civilian who lacks official government authority to make an arrest (as opposed to an officer of the law). An arrest, as defined by Black's Law Dictionary, is "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).

Although generally the person making a citizen’s arrest must be a citizen, in certain states, a “citizen’s” arrest can be carried out by a civilian who is not a citizen (for example, an alien or illegal immigrant). A citizen’s arrest does not necessarily mean an arrest made by a single individual who happens to witness a crime. For example, a department store may also carry out a citizen’s arrest in the course of apprehending a shoplifter.
The right to making a citizen’s arrest goes back to our roots in English common law. Historically, before the modern infrastructure of police departments, citizen's arrests were an important part of community law enforcement. Today, citizen’s arrests are still legal in every state, although state laws pertaining to citizen’s arrests are not uniform. In general, all states permit citizen’s arrests if a criminal felony (defined by the government as “a serious crime, usually punishable by at least one year in prison”) is witnessed by the citizen carrying out the arrest, or if a citizen is asked to help apprehend a suspect by the police. Variations of state law arise in cases of misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party.

For example, California Penal Code mandates:
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. (C.P.C. § 837).

In contrast, New York State Consolidated Laws hold that:
Any person may arrest another person (a) for a felony when the latter has in fact committed such felony, and (b) for any offense when the latter has in fact committed such offense in his presence. (N.Y.C.L. §140.30).

Unlike the California statute, which only permits citizen’s arrests in cases of felony, New York law extends the possibility for making a citizen’s arrest to “any offense committed in [one’s] presence”. Additionally, in cases where the citizen has not necessarily witnessed the crime being committed, California law allows citizen’s arrests when a citizen has “reasonable cause for believing the person arrested to have committed [a felony],” whereas New York law applies only to situations in which person has “in fact committed” a felony. Distinctions such as these are important–unwarranted citizen’s arrests can result in repercussions (such as law suits) for well-meaning citizens who attempt to make arrests without understanding local laws. It is important to be familiar with the laws in your particular state should you want to carry out a citizen’s arrest, or should a citizen try to unlawfully detain you.

Once a person has committed an offense meriting a citizen’s arrest (under the applicable state law), the arresting party must follow certain guidelines to detain and deliver to authorities the suspect in question. Acceptable guidelines for carrying out a citizen’s arrest also vary by state. In general, the arresting party must notify the suspect as to why he or she is being arrested, and may enter the building or private residence where the suspect is residing, using a reasonable amount of force to apprehend the suspect. In California, for example, To make an arrest, a private person, if the offense is a felony…may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired. (C.P.C., §844). In New York, A person may arrest another person for an offense…at any hour of any day or night. 2. Such person must inform the person whom he is arresting of the reason for such arrest unless he encounters physical resistance, flight or other factors rendering such procedure impractical. 3. In order to effect such an arrest, such person may use such physical force as is justifiable pursuant to subdivision four of section 35.30 of the penal law. (N.Y.C.L. §140.35).

Once the suspect has been taken into custody (by the citizen), it is the citizen’s responsibility to deliver the suspect to the proper authorities in a timely fashion. In California, A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer. (C.P.C. §847). In New York, a citizen must also act without unnecessary delay to deliver a suspect to an officer of the law. (N.Y.C.L. §140).

Making a citizen's arrest maliciously or with insufficient evidence of wrongdoing by the arrested individual can lead to civil or criminal penalties. Additionally, it is in violation of a suspect’s rights for a citizen making an arrest to use unnecessary force, to intentionally harm the suspect, to hold the suspect in unsafe conditions, or to delay in turning the suspect over to authorities. A citizen making an arrest is acting in the place of an officer of the law, and as such, is required to uphold the same rights and civil liberties as an officer of the law must uphold.

A citizen who violates a suspect’s rights, or who violates the applicable state law in detaining the suspect, (for example, arresting a suspect for a misdemeanor when the state statute requires a felony for a citizen’s arrest), risks being sued or even charged with a crime. Additionally, if it is found that the arresting party did not meet the pertinent state requirements for a citizen’s arrest, any contraband found on the suspect will have been found illegally, and charges may be dropped entirely.

If you feel that you have been unfairly arrested by a citizen, or if you have been charged with illegally detaining a suspect during an illegitimate citizen’s arrest, it is important to seek the counsel of an experienced attorney. A good attorney will demonstrate familiarity with state laws, and as such will help you to ensure the best possible outcome of your case.

You will note that the attorneys’ opinions are nearly identical to what I said here earlier. In other words, I kid you not. I wasn’t kidding – and I wasn’t wrong back in the eighties when I said the same things on late-night radio programs. I won’t back off, either. In closing this time, I quote (as I am wont to do; I seldom say things as well as the great men and women of history – that’s why they’re “great” and I’m not . . .) Abraham Lincoln, author – I remind us – of the Emancipation Proclamation:

“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it.”

Let’s not forget that. This is OUR country. Our forebears made it, and we mean to preserve it in the state they made it. Anyone who intends otherwise ought read another quote – “The Wrath of the Saxon.”