[pct-l] Citizen's arrest

[surferskir at aol.com]

Chief--
What I am trying to say is :  It is probably NOT against the state law to ride a bicycle on the PCT.  Since the Wilderness Act is a Federal law that prohibits mechanized vehicles on trails in the wilderness areas, it is probably NOT against state laws.
So for the citizens arrest you would have to contact a Federal officer, not the local deputy sheriff (Since the PCT doesn't pass through many incorporated cities).  The MTB is perhaps not breaking any state laws by riding on the wilderness trails.
And under Federal law is a citizen's arrest allowable?  Are there applicable Federal codes? 
Maybe one of the attorneys along this thread can answer that one.

--Dennis--


-----Original Message-----
From: chiefcowboy <chiefcowboy at verizon.net>
To: surferskir <surferskir at aol.com>; dm <dm at quixnet.net>; pct-l <pct-l at backcountry.net>
Sent: Mon, Jul 1, 2013 6:33 am
Subject: Re: [pct-l] Citizen's arrest




State laws apply on federal lands too.  Although state laws vary, they are quite similar in this area.

 

From: surferskir at aol.com 
Sent: Sunday, June 30, 2013 8:23 PM
To: chiefcowboy at verizon.net ; dm at quixnet.net ; pct-l at backcountry.net 
Subject: Re: [pct-l] Citizen's arrest

 
One thing that I think we are all forgetting is that MOST of the PCT is on Federal property, and the violations are federal crimes, not necessarily State law violations.  
So different rules apply for making a federal "Citizens arrest", which I don't know of any statues which authorize/allow this

--Dennis--


-----Original Message-----
From: chiefcowboy <chiefcowboy at verizon.net>
To: dm <dm at quixnet.net>; pct-l <pct-l at backcountry.net>
Sent: Sat, Jun 29, 2013 5:36 pm
Subject: Re: [pct-l] Citizen's arrest


Also know, that if a citizen "demands" an arrest, it is a misdemeanor for 
the officer to refuse it.  If the officer feels it is an invalid arrest, 
he/she will normally advise the arresting citizen.  But if the citizen 
insists, the arrest will be made and a citation issued.  The proof is 
between the arrestor and the arrestee - not the officer.

-----Original Message----- 
From: dm
Sent: Saturday, June 29, 2013 3:45 AM
To: pct-l at backcountry.net
Subject: [pct-l] Citizen's arrest

For thise contemplating a citizen's arrest of bikers
illegally on the PCT, this is from the Califirnia Penal
Code.  OR & WA may have different versions.

Duracell

"How to Make a Citizen's Arrest in California
California Penal Code Section 837 states, "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." A Public Offense is a felony, misdemeanor or
infraction. (PC Sec. 16). In other words, a person in
California who is not a law official or police officer can
make what is commonly called a "citizen's arrest" if he or
she witnesses a crime. For example, an Occupy protester who
witnesses someone breaking glass or painting graffiti can
hold an offender until police arrive. From incriminating
information provided by the citizen's account, police will
arrest the offender."
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