No Bart, I wouldn't. If you have guys that are cranking the discovery for the sake of cranking out the discovery, then that happens. You hired "litigators". If they can't show me recent trial success or successful summary judgment, I don't hire them. And if you have a civil defense attorney that takes 5 figures to defeat a pro se jailhouse defendant, your insurance company has an idiot for an adjuster.
I'd prolly represent myself against a pro se jailbird. You likely shouldn't (and I shouldn't either).
You don't have to utter the magic words "I'm putting you under citizen's arrest" or handcuffs to arrest someone. It's still can be argued to be a "seizure" of that person and iis (arguably) an arrest.
The badguy can still sue you and claim you have unlawfully arrested him. If you point a gun at him then tell him to move to the corner and spread-eagle, he can claim you arrested and kidnapped him unlawfully. He can claim ANYTHING he wants and can drag you into court for the cost of a few sheets of paper.
The cabdriver can sue you. Your guy in the car next to you in the morning rush hour can sue you. Your old girlfriend can sue you. Your ex-spouses new lover can sue you (breach of implied warranty of fitness
All for the cost of a few sheets of paper.
Cower in fear if you wish. Sell your guns and move to some socialist paradise. See if that helps.
As someone else said, Miranda applies only to gubment (or agents of the gubment) and you prolly ain't one or you wouldn't be asking some of these questions.
I'd prolly represent myself against a pro se jailbird. You likely shouldn't (and I shouldn't either).
Stories like this give me a better road map of how to handle a home invasion. A "citizen's arrest" ain't on that map. I'm not a cop, not about to play cop, and not about to be cross-examined in a civil court for playing cop.
Well, if you point a gun at a guy, you're arresting him, legally speaking. He isn't free to leave, at least if a REASONABLE person in his position would think he wasn't free to leave.The problem is that you can use only a minimal restraint or the threat of a gun.
You don't have to utter the magic words "I'm putting you under citizen's arrest" or handcuffs to arrest someone. It's still can be argued to be a "seizure" of that person and iis (arguably) an arrest.
The badguy can still sue you and claim you have unlawfully arrested him. If you point a gun at him then tell him to move to the corner and spread-eagle, he can claim you arrested and kidnapped him unlawfully. He can claim ANYTHING he wants and can drag you into court for the cost of a few sheets of paper.
The cabdriver can sue you. Your guy in the car next to you in the morning rush hour can sue you. Your old girlfriend can sue you. Your ex-spouses new lover can sue you (breach of implied warranty of fitness
All for the cost of a few sheets of paper.
Cower in fear if you wish. Sell your guns and move to some socialist paradise. See if that helps.
As someone else said, Miranda applies only to gubment (or agents of the gubment) and you prolly ain't one or you wouldn't be asking some of these questions.
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